Appeal dismissed; Arbitrator reasonably relied on expert evidence to conclude the motor vehicle accident was staged.
The appellants appealed an Arbitrator's decision dismissing their claims for statutory accident benefits on the basis that they were not involved in an 'accident' as defined in the SABS.
The Arbitrator had relied on expert accident reconstruction evidence and found the appellants' testimony lacked credibility, concluding the accident was staged.
The Director's Delegate found no error in the Arbitrator's qualification of the expert or his credibility assessments.
The appeal was dismissed and the insurer was awarded its expenses.
Gharrib Azad, Aren Bedros and Sepan Vayranosh v. Nordic Insurance Company of Canada, 2015 ONFSCDRS 187