A test application was brought before the court on the issue of “whether a justification is required” to compel a person (in this case, six claimants from five accidents, all represented by the same counsel) to attend an Examination under Oath pursuant to s. 33(2) of the SABS. The insurer also sought to compel the attendance of the claimants. The core of the issue was s. 33(4) requiring that insurers give advance notice including “a reason or reasons” for the examination.
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