The applicant sought statutory accident benefits following a motor vehicle accident and disputed the respondent's denial of catastrophic impairment.
The applicant brought a motion for a summons directing a third-party assessment provider, SOMA, to produce its complete file and assessment records prior to the hearing.
SOMA opposed the motion, arguing the Tribunal lacked jurisdiction to order pre-hearing third-party production.
The Tribunal held that it has jurisdiction under the Statutory Powers Procedure Act to order pre-hearing production from non-parties to ensure an efficient and timely resolution.
Finding the requested documents relevant to the catastrophic impairment dispute, the Tribunal granted the motion in part and ordered SOMA to produce the assessment files.
