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Motion to compel undertakings granted; plaintiff must produce business records despite abandoning income loss claim.
The defendant brought a motion to compel the plaintiff to answer outstanding undertakings given at her examination for discovery, specifically regarding the production of business records.
The plaintiff argued the records were no longer relevant as she had abandoned her income loss claim and cited financial hardship.
The court granted the motion, holding that undertakings must be honoured once given pursuant to Rule 31.07(4), and that the business records remained relevant to determining whether the plaintiff met the threshold for serious permanent impairment.
Application for non-earner benefits dismissed due to applicant's failure to attend reasonably necessary insurer's examinations.
The applicant sought non-earner benefits following a motor vehicle accident.
The insurer scheduled three insurer's examinations (IEs) which the applicant failed to attend, arguing the notice was deficient and the IEs were not reasonably necessary.
The Tribunal found the notice was sufficient to allow an informed decision, the minor deficiencies did not confuse the applicant, and the IEs were reasonably necessary.
As the applicant failed to comply with section 44 of the Schedule, his application for non-earner benefits was dismissed pursuant to section 55(1).
