The insurer sought production of the claimant’s AB file from a 2007 accident, and the LTD file relating to the same accident. The claimant argued that the materials were not relevant, as they related to an incident more than 10 years prior to the subject accident. Adjudicator Lake ordered the claimant to produce the full AB file and LTD file, subject to redaction for privilege and reserves. She reasoned that the productions were relevant because the 2007 accident caused significant orthopaedic injuries and resulted in the death of the claimant’s mother. The probative value of the AB file and LTD file outweighed any prejudicial effect. The insurer agreed to pay for the cost of producing the files.
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