A motion was brought by the claimant seeking an order for a contempt hearing because the insurer’s occupational therapist failed to attend the hearing to give evidence. The hearing was commenced March 9, 2021 and the IE occupational therapist witness was called by the claimant. Two Summons to Witness were obtained on February 19 and March 12, 2021 for the occupational therapist’s attendance at the hearing. Unsuccessful attempts were also made by a process server to personally serve the Summons at the OT’s home as listed at the College of Occupational Therapists of Ontario. Claimant’s counsel also contacted the College and the insurer’s counsel to obtain alternative or additional contact information for the OT but no additional contact information was available. A Summons was then served on the OT by email. Claimant’s counsel subsequently attempted to contact the OT by email for her attendance which generated an automatic response that the OT was indefinitely on leave and she would not be responding to any emails. Adjudicator Gosio was satisfied that the witness was properly served and failed to attend the hearing. There was no information for her non-attendance. The OT’s evidence was important in relation to the catastrophic impairment determination. Pursuant to s.13(1) of the Statutory Powers and Procedure Act, Adjudicator Gosio granted the claimant’s motion and referred the matter to the Divisional Court for a contempt hearing.
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