The insurer brought a motion to bar the applicant from proceeding with her application for income replacement benefits because she failed to attend several scheduled insurer's examinations (IEs).
The Tribunal found that while the applicant failed to attend the IEs, barring her appeal would be a disproportionate response given the lack of wilful non-compliance and the fact that she provided reasonable explanations for some absences.
The Tribunal exercised its discretion under s. 55(2) of the Schedule to allow the application to proceed, subject to the condition that the applicant attend rescheduled IEs.
The Tribunal also held it had no jurisdiction to order the applicant to pay the insurer's cancellation fees for the missed IEs.
