The appellants, who were injured in separate motor vehicle accidents, failed to attend insurer medical examinations (IMEs) because the insurers did not provide Ministry of the Attorney General (MAG) certified interpreters.
The arbitrators in both cases held that the appellants were precluded from proceeding to mediation or arbitration due to their non-attendance.
The appellants appealed the preliminary orders and sought a stay.
The Director's Delegate accepted and combined the appeals because they raised the common issue of whether an insured person is entitled to a MAG-accredited interpreter at an IME.
However, the Delegate declined to stay the arbitrators' orders pending the appeals, finding that a stay is the exception and the grounds for appeal were not sufficiently compelling to warrant one.
