Anna Marie Musson

The applicant sought payment for a chronic pain assessment following a 2019 motor vehicle accident.

The Licence Appeal Tribunal found that the applicant failed to provide sufficient medical evidence, such as contemporaneous complaints to her family doctor, to establish grounds for the assessment.

The Tribunal dismissed the application, denying the treatment plan, interest, and a claim for a special award.

The applicant sought statutory accident benefits following a motor vehicle accident, including funding for chronic pain, orthopaedic, and psychological assessments.

The respondent denied the benefits and raised a preliminary issue that it was not liable to pay under s. 33(6) of the Schedule because the applicant failed to provide requested medical records, including clinical notes and an OHIP summary.

The Tribunal found that the requested documents were reasonably required to determine entitlement and that the applicant failed to provide evidence of best efforts to obtain them.

The application was dismissed due to non-compliance with s. 33(1).

The insurer brought a preliminary motion seeking an order for the production of various medical, employment, and financial records by a specific date, failing which the arbitration would be stayed.

The arbitrator found that the requested documents were relevant but were largely in the possession of third parties and not within the applicant's control.

The arbitrator declined to stay the proceedings, instead accepting the applicant's representative's undertaking to forward production request letters to the third parties, copied to the insurer, within 30 days.