https://www5.fsco.gov.on.ca/AD/4934
At the outset of the Hearing, State Farm moved to exclude a report obtained by the Applicant from a chronic pain specialist which had been served in accordance with the Code prior to the Hearing commencement. I ruled that the report was admissible since the author of the report was listed on State Farm’s witness list for cross-examination. State Farm also sought to have excluded an accounting report that calculated the quantum of the income replacement benefits that should be paid. The report was served in accordance with the Code prior to the Hearing. Given the compliance with the Code, I ruled that the report would not be excluded. If an Insurer is concerned that it will not have sufficient time to serve responding material, it should address the issue of the timing of service of reports at the Pre-Hearing stage.