The Effectiveness of Nonproduction Arguments and the Persuasiveness of Uncontradicted Objective Medical Evidence

Case Study of Liu v. Certas Direct Insurance Company, 2023 CanLII 1452 (ON LAT) Liu v. Certas Direct Insurance Company is a recently published case that both indicates that an insurance company’s argument of nonproduction is ineffective if they failed to make a thorough investigation and also explores treatment of an accident benefits applicant’s medical evidence where uncontradicted by opposing evidence. In this case, the applicant was injured in a MVA that happened on June 23, 2019. She applied for accident benefits and, after the respondent insurer denied certain of these benefits, applied to the License Appeal Tribunal for dispute…

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