The applicant sought accident benefits following a motor vehicle accident.
At a preliminary issue hearing, the insurer sought to introduce examination under oath (EUO) transcripts of the other driver and his passengers, who failed to attend the hearing despite being summoned.
The applicant brought a motion to exclude the transcripts, arguing that admitting them without an opportunity for cross-examination violated the rule in Browne v. Dunn.
The arbitrator dismissed the motion, holding that under the Statutory Powers Procedure Act and the Dispute Resolution Practice Code, the tribunal has broad discretion to admit evidence.
The failure to cross-examine the witnesses goes to the weight of the evidence rather than its admissibility.
