5 total
Tribunal cannot compel EUO attendance, but applicant's non-attendance results in suspension of accident benefits.
The respondent insurer brought a motion seeking an order to compel the applicant to attend an Examination Under Oath (EUO), an adverse inference for non-attendance, and a suspension of benefits.
The applicant argued the EUO request was improper and abusive as it was made after the respondent agreed to a written hearing on a preliminary issue.
The Tribunal held that it lacks the statutory authority to order an applicant to attend an EUO.
However, the Tribunal found that the insurer has a broad right to request one EUO per claim under s. 33(2) of the Schedule, subject only to a low threshold of relevance.
Because the applicant failed to attend the scheduled EUO without a reasonable explanation, the Tribunal ordered that she is not entitled to any payment of benefits from the date of the scheduled EUO until she complies.
Minor with pre-existing disabilities deemed catastrophically impaired after accident significantly increased his dependency.
The applicant, an eight-year-old with severe pre-existing disabilities, was struck by a vehicle and sustained a traumatic brain injury.
He applied for a determination of catastrophic impairment under s. 3(2)(d)(ii) of the Statutory Accident Benefits Schedule, arguing that the accident significantly increased his dependency and need for daily support.
The respondent argued that the accident did not exacerbate his pre-existing impairments.
The Tribunal found the applicant's evidence, including his mother's testimony and the Omega Medical Associates assessment, more compelling.
The Tribunal concluded that the applicant's condition worsened significantly after the accident, increasing his dependencies, and deemed him catastrophically impaired.
Request for reconsideration of procedural motion dismissed; addendum reports admitted and production of adjuster notes denied.
The applicant sought reconsideration of a Tribunal decision that partially granted her motion regarding hearing procedure.
She challenged the admission of addendum reports from the insurer's assessors, the refusal to order production of adjuster log notes and draft reports, and the denial of costs.
The Executive Chair dismissed the request for reconsideration, finding no error in the Tribunal's balancing of the insurer's right to respond with the applicant's right to a fair hearing, and agreeing that the requested documents were not relevant to the issue of non-earner benefits.
Arbitrator schedules hearing for April 2008, rejecting insurer's request to delay pending WSIAT motion.
The applicant sought an early arbitration hearing date for her claim for income replacement benefits following a motor vehicle accident.
The insurer requested that the hearing be delayed until 2009, pending the outcome of a motion before the Workplace Safety and Insurance Appeals Tribunal (WSIAT) regarding the applicant's entitlement to claim benefits under the Schedule.
The arbitrator found that the balance of prejudice favoured the applicant, noting the legislative intent for timely payments and dispute resolution.
The arbitrator scheduled the hearing for April 2008, rejecting the insurer's request for a delay.
Appeal allowed and dismissal set aside where appellant missed trial due to hospitalization for mental disorder.
The appellant's action was dismissed after she missed her trial date.
She appealed, arguing that she was in the hospital suffering from a severe mental disorder at the time.
The Court of Appeal allowed the appeal, finding the motion judge erred by not considering her uncontradicted evidence that she had called the court from the hospital.
Fresh evidence confirming her hospitalization was admitted, the dismissal was set aside, and costs of the appeal were awarded to the appellant.
