How Are Disputes Over Ime Findings Handled In Ontario?

Quick Overview:Disputes over Independent Medical Examination (IME) findings in Ontario are typically handled through a process called the dispute resolution system. This system provides a fair and impartial way to resolve disagreements between parties involved in an IME, such as the claimant, insurer, and healthcare provider. The goal is to ensure that all parties have a chance to present their case and reach a resolution that is fair and reasonable.

1. Dispute Resolution System: In Ontario, disputes over IME findings are primarily resolved through the dispute resolution system established by the Statutory Accident Benefits Schedule (SABS). This system allows for mediation, arbitration, or other forms of alternative dispute resolution.
2. Mediation Process: Mediation is often used as the first step in resolving disputes over IME findings. A neutral third party mediator helps facilitate communication between the parties involved with the aim of reaching a mutually acceptable agreement.
3. Arbitration Process: If mediation fails to resolve the dispute, arbitration may be pursued. An arbitrator reviews all relevant evidence presented by both sides and makes a binding decision on how to resolve the disagreement.
4. Independent Experts: In some cases, additional independent experts may be brought in to provide their opinion on disputed IME findings. These experts can offer unbiased assessments based on their expertise in relevant medical fields.
5. Legal Proceedings: If no resolution is reached through mediation or arbitration, either party has the option of pursuing legal action through court proceedings.


1. Can I challenge an IME finding if I disagree with it?
Yes, you have options for disputing an IME finding if you believe it does not accurately reflect your condition or abilities.

2. How long do I have to initiate a dispute?
Generally, disputes must be initiated within two years from when you received notice of denial or reduction of benefits based on an IME report.

3. What happens during mediation?
During mediation, a neutral mediator helps facilitate discussions between the parties involved to explore potential resolutions and reach an agreement.

4. Is arbitration binding?
Yes, the decision made by an arbitrator is typically binding on all parties involved unless it can be successfully appealed in court.

5. Can I bring my own medical expert to challenge the IME findings?
Yes, you have the right to present your own medical evidence or bring in additional independent experts to support your case during dispute resolution processes.

6. What if I cannot afford legal representation for a dispute?
There are options available for accessing legal assistance, such as Legal Aid Ontario or contingency fee arrangements with lawyers who specialize in personal injury cases.

7. How long does the entire dispute resolution process take?
The length of time can vary depending on factors such as complexity of the case and availability of mediators/arbitrators. It can range from several months to over a year.

Disputes over IME findings in Ontario are addressed through a structured dispute resolution system that includes mediation, arbitration, and potentially legal proceedings. It is important for all parties involved to understand their rights and options when challenging an IME finding they disagree with. Seeking legal advice may be beneficial throughout this process to ensure fair and reasonable outcomes are achieved.