Matthew Caldwell

The applicant, injured in a motor vehicle accident, sought income replacement benefits.

The insurer suspended benefits and argued the applicant was precluded from proceeding to a hearing at the Licence Appeal Tribunal because she failed to attend a functional ability examination and an examination under oath.

The Tribunal held that the applicant was precluded from proceeding with her claim for the period following her failure to attend the reasonably necessary functional ability examination, and adjourned the matter to allow her to attend.

However, the Tribunal found she was not precluded from proceeding based on the failure to attend the examination under oath or provide information, as the Schedule does not bar proceedings on those grounds.

The appellant sought to appeal an order dismissing its motion for summary judgment to the Court of Appeal, arguing that a finding of law in the motion judge's reasons regarding relief from forfeiture constituted a final order.

The Court of Appeal held that the order was interlocutory and that, following recent jurisprudence, an order must contain any finding of law intended to be final to confer jurisdiction on the court.

The court concluded the order was not final and dismissed the appeal for lack of jurisdiction.