The respondent was injured in an automobile accident in Quebec and elected to receive benefits under the Quebec legislative framework pursuant to s. 59(2) of the Statutory Accident Benefits Schedule.
A dispute arose over whether the procedural rules for adjusting the claim, specifically the requirement to attend an Examination Under Oath, were governed by the Schedule or the Quebec Automobile Insurance Act.
The Tribunal held that while the substantive law of Quebec applies to the benefits, the procedural law of the Schedule governs the adjustment of the claim.
The Tribunal also granted the respondent's motion to anonymize the decision to protect her medical privacy.
