Appeal of accident benefits denial dismissed as arbitrator's factual and credibility findings revealed no legal errors.
The appellant appealed an arbitrator's decision dismissing her claims for income replacement, rehabilitation, attendant care, and housekeeping benefits following a motor vehicle accident.
The Director's Delegate found that the arbitrator's conclusions were based on findings of fact and credibility, particularly regarding unverified business income and the lack of medical evidence supporting ongoing care needs.
The arbitrator also correctly determined that funding for a university degree was not a reasonable and necessary rehabilitation expense, as the appellant's own occupational therapist testified she was already capable of working in her desired field.
The appeal was dismissed as it raised no errors of law.
April Piche (Now known as April Loyst) v. Allstate Insurance Company of Canada, 2009 ONFSCDRS 149