2 total
Adjournment denied and late-served evidence excluded due to applicant's prolonged failure to fulfill production undertakings.
The applicant sought statutory accident benefits following two motor vehicle accidents.
At the outset of the arbitration hearing, the applicant requested a third adjournment to fulfill outstanding production undertakings, while the insurer moved to exclude two medical witnesses and recently served documents due to late disclosure.
The arbitrator denied the adjournment, finding the applicant had failed to make reasonable efforts to comply with production requests over a two-year period.
The arbitrator also ruled the recently served documents inadmissible and excluded the medical witnesses, citing prejudice to the insurer's ability to respond to the case.
The arbitration was stayed pending the applicant's appeal of these preliminary rulings.
Consent order granted requiring application to appoint the Office of the Children's Lawyer for minor applicant.
The minor applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The parties negotiated a settlement but could not implement it because there was no suitable person to represent the minor.
At a pre-hearing, the parties consented to an order requiring the applicant's counsel to apply to the Court to appoint the Office of the Children's Lawyer to represent the applicant.
