Neutral Citation: 2001 ONFSCDRS 174
FSCO A00-001250
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
TIMOTHY W. SUTHERLAND
Applicant
and
ROYAL & SUNALLIANCE INSURANCE COMPANY OF CANADA
Insurer
and
DR. JACK B. ALBIN & ASSOCIATES
Third party
DECISION ON A MOTION
Before: Tanja Wacyk
Heard: By telephone conference call on October 8, 2001. Ian S. Wright for Mr. Sutherland
Appearances: Meg Kawasaki for Royal & SunAlliance Insurance Company of Canada No One for Dr. Jack B. Albin & Associates
Issues:
Mr. Sutherland's mother sustained fatal injuries in a motor vehicle accident on November 16, 1999. The Applicant was not directly involved in the accident but sought statutory accident benefits for social rehabilitation/grief counselling, tutoring, and transportation to appointments, from Royal & SunAlliance Insurance Company of Canada ("Royal"), payable under the Schedule.1 The parties were unable to resolve their dispute through mediation, and Mr. Sutherland applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
Royal has brought a motion, seeking an order compelling the production of all records in the possession of Dr. Jack B. Albin & Associates regarding the Applicant.
Dr. Jack B. Albin & Associates was served with timely notice of the hearing of this motion. At the same time, Dr. Albin was requested to contact the Commission in order to supply the telephone number at which he could be reached for the hearing of the motion. He failed to do so.
At the commencement of the hearing I contacted Dr. Albin's office through the telephone number appearing on his letterhead. However, I was only able to leave a message on Dr. Albin's voice mail system. In doing so, I identified myself and the purpose of the call. I further advised Dr. Albin that if I did not hear from him by 10:15 a.m. I would proceed with the hearing of the motion in his absence.
Dr. Albin did not respond to my call, and the hearing of Royal's motion proceeded at 10:15 a.m.
Result:
- Dr. Jack B. Albin & Associates is ordered to release, to the office of Mr. Ian S. Wright, counsel for the Applicant, all records in its possession pertaining to Mr. Timothy Sutherland.
ARGUMENT AND ANALYSIS:
Dr. Jack B. Albin, a psychologist, has issued a Psychological Assessment Report regarding the Applicant. Royal seeks Dr. Albin's rough clinical notes and any other materials upon which he relied in providing the Assessment. Royal maintains it requires the material in order to understand the basis of Dr. Albin's Assessment.
The Applicant did not oppose the order, and authorization for the release of the documents sought had been provided by Mr. Sydney Sutherland, the Litigation Guardian for the Applicant.
In correspondence from Dr. Albin to counsel for the Applicant, dated March 20, 2001, Dr. Albin notes he has provided the Psychological Assessment Report and states he does not believe his notes have anything further to contribute.
In my view the materials are relevant and Royal is entitled to an opportunity to review them.
Accordingly, I am agreeable to issuing the order sought.
November 27, 2001
Tanja Wacyk Arbitrator
Date
Neutral Citation: 2001 ONFSCDRS 174
FSCO A00-001250
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
TIMOTHY W. SUTHERLAND
Applicant
and
ROYAL & SUNALLIANCE INSURANCE COMPANY OF CANADA
Insurer
and
DR. JACK B. ALBIN & ASSOCIATES
Third party
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- Dr. Jack B. Albin & Associates is ordered to release to the office of Mr. Ian S. Wright, counsel for the Applicant, all records in its possession pertaining to Mr. Timothy Sutherland.
November 27, 2001
Tanja Wacyk Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended by Ontario Regulations 462/96, 505/96, 551/96 and 303/98.