Nuroh v TD General Insurance Co., 2025 ONSC 6997
In this appeal, the Divisional Court found that the LAT failed to accord procedural fairness to the Insured when the LAT adjudicator declined to issue a summons compelling the attendance of the Insurer’s expert witness to be cross examined. The Insured’s expert had provided a report finding the Insured to be catastrophically impaired and attended at the virtual hearing to be cross examined. The Insurer filed into evidence the report of its expert who came to a contrary conclusion and who was critical in his report of the Insured’s expert. The Insurer’s expert, however declined to attend the hearing.The request of both the Insured and the Insurer that the LAT issue a summons to compel the attendance of the Insurer’s expert was refused by the LAT on the basis that doing so would delay the hearing. The LAT then relied on the report of the Insurer’s expert and found the Insured not to be catastrophically impaired. The Court set aside the LAT’s decision on the basis of denial of procedural fairness and remitted the case back for a hearing before a new adjudication.