The claimant brought a motion to add costs and a special award as issues in dispute. The motion also sought to compel the claims handler to submit to cross-examination as well as production of the entire accident benefits file and IE assessors records, inclusive of correspondence between the vendor and assessor. The insurer eventually consented to the production of the AB file and much of the records sought from the IE assessors. The insurer also indicated that it would request the correspondence between the IE vendor and its assessor. However, Adjudicator Rebecca Hines held that should the IE vendor fail to produce the records, a summons of the vendor would follow. Of note, since the insurer was the Fund, it initially sought exemption from being compelled to provide documentary and oral evidence under section 71 of the Legislation Act and section 8 of the Proceedings Against the Crown Act; this was rejected.
