Limits on Cost Recovery at the CRT

There is no question that the limits on cost recovery will disadvantage the claimant in being able to fully present his/her case to the CRT.

$2,000 is the maximum allowable limit for “expenses and charges associated with” an IME, excluding reasonable travel and out of pocket expenses associated with the IME. The problem with the limit on the cost of the report is that IME reports always cost a lot more than $2,000. The question becomes whether experts will cut their fee to accommodate the CRT limit.

The same $2,000 maximum allowable amount applies to non-IME expert reports as well. With many family physicians, that limit does not present a problem for the claimant but with specialist reports, the claimant will be hard pressed to have the expense capped at $2,000.

$5,000 is the maximum total limit for “all recoverable fees, expenses and charges” relating to the CRT proceeding, exclusive of the IME associated fees and expenses. This includes tribunal fees, expert fees (separate from an IME through the CRT), and legal fees. On that limit, many claimants will not be able to produce all the evidence needed to win the case. For example, the claimant is over the $5,000 limit quite easily if he/she orders a family physician report, a specialist report and a wage loss report.

Unless the CRT orders otherwise, the expenses and charges associated with an IME are payable by the requesting party. The IME fees are shared between the parties if the expert is appointed by the CRT. The amounts payable are recoverable by the successful party.

The above limits make it difficult for the claimant to present a complete case before the CRT. A claimant will likely be forced into a hearing with partial evidence and far less opinion evidence that what one usually leads in Court.