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Wesley v Royal Sun Alliance

Jan 12, 2017

The defendant, an accident benefits insurer, brought a motion for an Order to compel the plaintiff to attend medical examinations pursuant to the Courts of Justice Act. Before the litigation was commenced, the defendant had completed seven (7) insurer’s examinations to assess her entitlement to various accident benefits. As the benefits claimed were time-limited in nature, the Court ruled that, despite the lack of any Courts of Justice Act assessments, such examinations would be of no benefit to the Court and would only place an undue burden on the Plaintiff. It was held, on a more general basis, that an insurer’s right to further assessments is not absolute. Given that the at-fault insurer was the same insurance company as the accident benefits insurer, the potential for prejudice was magnified. Costs were awarded to the plaintiff in the amount of $2,500 plus disbursements.

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Jonah Waxman

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Related Practice Areas

Automobile Accidents

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