Tribunal File Number: 17-005318/AABS
In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.
Between:
Applicant
Applicant
and
Aviva Insurance
Respondent
ADJOURNMENT Decision
Decision made by: Samia Makhamra, Member
ADJOURNMENT REQUEST
1On April 18, 2018, the applicant filed a request to adjourn the three day in-person Hearing scheduled to take place on May 14, 15, and 16, 2018, in Toronto. The respondent did not consent to the adjournment.
2The applicant's request for an adjournment of the hearing is granted.
3A revised Notice of Hearing will be sent to all parties once the respondent provides their availability for the dates provided in the adjournment request.
BACKGROUND
4The applicant was injured in an automobile accident June 15, 2016, and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (“Schedule”).
5After being denied certain benefits the applicant filed an application with the Tribunal. The parties attended a case conference on December 11, 2017.
ADJOURNMENT REQUEST
6The applicant submitted a request to adjourn the hearing because the insurer’s psychology expert witness will not be available for the hearing.
ANALYSIS AND REASONS
7The following are my reasons for granting the request.
a. The applicant has the right to cross-examine this expert witness.
ORDER
8The request for an adjournment of the hearing is granted. The respondent is required to provide their availability for the dates outlined in the Request for an Adjournment no later than April 25, 2018. If the parties are not available, further date ranges are to be provided by May 1, 2018.
9Except for the provisions contained in this order all previous orders made by the Tribunal remain in full force and effect.
10If the parties reach an agreement on the issues in dispute, the applicant shall immediately advise the Tribunal in writing.
Released: April 20, 2018
_____________________
Samia Makhamra, Member