The insurer brought a motion for third-party production of documents from various entities, including a treatment facility, Assessment Direct.
The insurer alleged that the facility was involved in a fraudulent scheme and sought extensive internal records.
The arbitrator ordered production of the applicant's clinical notes and records, employment files, and OHIP summaries.
However, the arbitrator dismissed the request for Assessment Direct's internal financial and administrative records, finding that the insurer failed to provide a sufficient evidentiary foundation to establish relevance or overcome the facility's privacy interests.