Date: 2017-06-05

Tribunal File Number: 16-004361/AABS

Case Name: 16-004361 v TD General Insurance Company

In the matter of an Application for Dispute Resolution pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.

Between:

S-A. A.

Applicant

and

TD General Insurance Company

Respondent

Motion Decision and Order

Decision made by: Chloe Lester, Adjudicator

Date of Decision: June 5, 2017

[1]. On May 30, 2017, the respondent filed a Notice of Motion requesting a motion to be heard as certain production orders were not complied with.

[2]. A case conference took place on February 27, 2017 and a case conference report and order were subsequently sent to the parties. During the case conference the parties agreed to exchange documentation that each claimed were required for the hearing that is to take place on August 21 and August 22, 2017.

[3]. The case conference report and order is not clear as to when that exchange was to take place.

[4]. The Order directed the parties to submit their opening statements in writing following this timetable:

a. Applicant’s opening submissions June 1, 2017

b. Respondent’s opening submissions July 10, 2017

c. Reply submissions August 7, 2017.

[5]. On May 31, 2017 the applicant filed a motion stating the respondent is in violation of the Order as they had not produced the insurer’s examination clinical notes and records as ordered by the adjudicator. They were to be produced by May 1, 2017.

[6]. On June 1, 2017 the applicant filed a request to extend their opening statement deadline as they had not received the clinical notes and records from the insurer’s examiners and they would need them to submit their opening statements.

[7]. To ensure procedural fairness, I order the following:

a. All evidence and case law the parties wish to rely on for the hearing and any documents ordered by the adjudicator on March 10, 2017 will be exchanged by July 3, 2017. Any documents disclosed by the parties after this date may not be considered by the hearing adjudicator.

b. Opening statements will be exchanged by the parties and sent to the Tribunal in accordance with the following timetable:

i. Applicant’s opening statements due August 4, 2017

ii. Respondent’s opening statements due August 11, 2017

iii. Reply submissions will be conducted in person at the hearing

c. Any disputes over production of documents that occur after July 3, 2017 will be handled by the hearing adjudicator. The parties should be prepared to argue any motions regarding disclosure on the first day of the hearing. Failure to comply with the production orders may result in the hearing adjudicator envoking Rule 9.4 of the Licence Appeal Tribunal Rules of Practice and Procedure.

Released: June 5, 2017

________________________

Chloe Lester, Adjudicator