Licence Appeal Tribunal File Number: 25-011112/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:
Andrea L. Blumenthal
Applicant
and
The Personal Insurance Company
Respondent
PRELIMINARY ISSUE DECISION AND ORDER
ADJUDICATOR:
Trina Morissette, Vice-Chair
APPEARANCES:
For the Applicant:
James W. Srebrolow, Counsel
For the Respondent:
Shane Baker, Counsel
HEARD:
In writing
OVERVIEW
1Andrea L. Blumenthal, the applicant, was involved in an automobile accident on February 21, 2023, and sought benefits from The Personal Insurance Company, the respondent, pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (“the Schedule”). The applicant was denied benefits by the respondent and applied to the Licence Appeal Tribunal (“the Tribunal”) for resolution of the dispute.
PRELIMINARY ISSUE IN DISPUTE
2The preliminary issue to be decided is whether the applicant can proceed with her application when she failed to attend insurer’s examinations (“IEs”) pursuant to section 44 of the Schedule?
RESULT
3The applicant is statute-barred from proceeding with her application pursuant to section 55(1)2 of the Schedule until she attends or completes the three IEs subject to this preliminary issue hearing.
FILING OF PARTIES’ SUBMISSIONS
4A case conference in this matter was held on November 27, 2025. The Case Conference Report and Order (“CCRO”) issued December 1, 2025 ordered the respondent to serve and file its written submissions on this preliminary issue within 21 days of the case conference, being December 18, 2025. The respondent served and filed its submissions on December 23, 2025.
5The applicant filed her responding submissions later on the same day, on December 23, 2025. Her submissions state: “[i]n light of the fact that we have received the respondent’s materials well outside of the time required to be served (earlier this day), we have been forced to draft our own materials without regard (for the most part) to having reviewed the respondent’s materials, to the applicant’s unfair detriment.”
6I note that the CCRO ordered the applicant to file her submissions within 28 days of the case conference. In an attempt to assist the parties in this regard, I wish to clarify that due to the statutory holidays on December 25 and 26, 2025, and pursuant to Rule 5.2 of the Licence Appeal Tribunal Rules, 2023, the applicant’s submissions would have not been due until December 29, 2025.
7As the applicant did not file a motion requesting an Order for the respondent’s submissions to be struck due to its delay, and she did not request this relief in her responding submissions on the preliminary issue, no determination from the Tribunal is required regarding the timing of the parties’ filing and service of their submissions.
BACKGROUND
8On February 21, 2023, the applicant was struck head-on by an oncoming vehicle that crossed into her lane at high speed. Emergency personnel attended the scene and the applicant was transferred to hospital by ambulance where she presented with neck trauma, loss of consciousness, knee pain, chest pain, back pain and paraesthesias in hands bilaterally. She also suffered injury to her right thumb and third middle finger. Two days following the accident, the applicant’s family physician also noted that she could not put weight on her right leg.
9At the time of the accident, the applicant was a physician and head of the genetics department at Lakeridge Health. Repeated attempts were made to return to work, but all were unsuccessful.
10In a Notice of Examination (“NoE”) dated July 11, 2025, the applicant was requested to attend assessments to determine her ongoing entitlement for post-104 income replacement benefits (“IRB”). The applicant was requested to attend the following six assessments:
Date of assessment
Assessor
Specialty
July 25, 2025
Dennis Polygenis
Physiotherapy
July 28, 2025
Dr. Andrew Micieli
Neurology, stroke
July 31, 2025*
Bhavna Bagga
Vocational rehabilitation
August 5, 2025
Dr. Abdul-Wahab Khan
Physiatry, chronic pain, medical cannabis
August 7, 2025
Dr. David Tzvi Neger
Psychiatry
September 23, 2025
Dr. Konstantine Zakzanis
Psychology/neuropsychology
*Two NoEs for the same assessment were provided. One scheduled for 9:00 a.m. to 2: