The applicant, who suffered a brain injury in a motor vehicle accident, brought a motion for interim benefits, production of documents, and directions regarding the hearing process.
The arbitrator denied the request for further production of the insurer's file, finding no evidence to displace litigation privilege or justify reopening discovery.
The arbitrator also denied an increase in interim income replacement benefits but granted interim medical and rehabilitation benefits on consent.
The arbitrator addressed the applicant's request for a 'facilitator' to assist her at the hearing, ruling that while she could have a support person present, that person could not actively participate or act as an advocate.
The hearing was bifurcated to deal first with the issue of whether the applicant sustained an impairment from the accident.
