The Applicant sought statutory accident benefits following a motor vehicle accident.
At a pre-hearing discussion, several production issues arose.
The Insurer sought production of defence medical reports from the Applicant's prior slip and fall action, which the Applicant resisted based on the deemed undertaking rule.
The Arbitrator ordered the Applicant to produce the reports only if she intended to rely on them.
The Applicant sought production of the Insurer's complete accident benefits file, claims manuals, and statistics regarding its use of a specific medical examiner.
The Arbitrator denied these requests, finding them either irrelevant, overly broad, or constituting a 'fishing expedition' not appropriate for the pre-hearing stage.
