Joseph Y. Obagi

The applicant sought a determination of catastrophic impairment following a motor vehicle accident.

After the applicant relocated to British Columbia, the respondent insurer scheduled insurer's examinations in Toronto and offered to pay for flights and accommodations, but refused to inquire with other vendors about conducting the assessments in British Columbia.

The respondent subsequently denied the claim due to the applicant's non-attendance.

The Tribunal held that the respondent failed to make reasonable efforts to schedule the examinations at a convenient location as required by section 44(9)(2)(i) of the Schedule, because it only asked one vendor.

Consequently, the applicant was not barred from proceeding with his application.

The applicant requested reconsideration of a preliminary issue decision that barred him from proceeding with his claim for failing to attend insurer's examinations.

The Tribunal found that the preliminary decision finally disposed of the appeal, making it eligible for reconsideration.

The Tribunal granted the reconsideration, finding it had erred in law by reversing the statutory onus under s. 44(9)2(i) of the Schedule, incorrectly requiring the applicant to prove the examination location was inconvenient rather than requiring the insurer to prove it made reasonable efforts to schedule a convenient location.

The preliminary issue was ordered to be reheard by a different adjudicator.

The appellant sought to appeal an arbitrator's preliminary decision finding that the parties had not reached a settlement, and requested a stay of the upcoming arbitration hearing.

The Director's Delegate declined to exercise discretion to hear the interlocutory appeal, finding that it did not finally decide all issues in dispute and that hearing it would not facilitate the most cost-effective resolution.

The Delegate also refused to stay the arbitration hearing, noting the absence of special circumstances to take control of the process away from the hearing arbitrator.

The appeal was rejected without prejudice to renewing it after all issues are finally determined.