William Lu

The applicant requested a reconsideration of a Tribunal order that excluded an audio recording of an insurer's examination from being admitted as evidence at an upcoming hearing.

The applicant argued the Tribunal breached natural justice by making the decision without the examiner's reports and erred in law regarding relevance and cross-examination.

The Executive Chair denied the request, finding the Tribunal acted within its jurisdiction under the Statutory Powers Procedure Act to determine relevance and that credibility could be addressed through oral testimony and cross-examination.

The applicant sought to admit a surreptitious tape recording of an insurer's examination into evidence for an upcoming hearing regarding statutory accident benefits.

The respondent insurer objected to its admission.

The adjudicator found that the recording was not relevant to the issues to be decided, as the applicant had not established its necessity or relevance, and the credibility of the examiner could be assessed through witness testimony at the hearing.

The tape recording was excluded from evidence.