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Reconsideration of order excluding audio recording of insurer's examination denied; credibility can be tested through cross-examination.
The applicant requested a reconsideration of a Tribunal order that excluded an audio recording of an insurer's examination from being admitted as evidence at an upcoming hearing.
The applicant argued the Tribunal breached natural justice by making the decision without the examiner's reports and erred in law regarding relevance and cross-examination.
The Executive Chair denied the request, finding the Tribunal acted within its jurisdiction under the Statutory Powers Procedure Act to determine relevance and that credibility could be addressed through oral testimony and cross-examination.
