5 total
Trial judge erred by dismissing self-represented plaintiff's action before evidence-in-chief was completed.
The self-represented appellant's personal injury action was dismissed by the trial judge on his own motion before the appellant's evidence-in-chief was completed, on the basis that the evidence was incoherent.
The Court of Appeal allowed the appeal, finding that while a trial court has inherent jurisdiction to control its own process, this does not extend to dismissing cases without hearing the available evidence and submissions.
The appellant's right to a fair trial was denied.
Limitation period for insurer indemnification under s. 275 of the Insurance Act restarts with each benefit payment.
The appellant insurer sought indemnification from the respondent insurer under s. 275 of the Insurance Act for accident benefits paid following a motor vehicle collision.
The arbitrator and the Superior Court of Justice held that the limitation period for arbitrating the dispute commenced with the first benefit paid, rendering the claim time-barred.
The Court of Appeal allowed the appeal, holding that a new cause of action and limitation period arises with every payment for which indemnification can be claimed.
Arbitration order varied to remit issues of CPP deductibility and benefit repayment for adjudication.
The insurer applied to vary an arbitration order, arguing the arbitrator erred by refusing to deal with the deductibility of the insured's Canada Pension Plan (CPP) disability benefits and the insurer's claim for repayment of benefits.
The Director of Arbitrations found that the arbitrator erred in concluding that no repayment was sought by the insurer, as the record showed the insurer had raised the issue of deductibility for both past and future benefits.
The application to vary was granted, and the issues of CPP deductibility and repayment were remitted for adjudication.
Appeal dismissed; arbitrator correctly terminated income benefits based on surveillance and unreliable financial evidence.
The appellant, a martial arts instructor injured in a motor vehicle accident, appealed an arbitration decision that terminated his weekly income benefits and ordered repayment of amounts paid above the statutory minimum.
The Director of Arbitrations dismissed the appeal, finding the arbitrator did not misinterpret the test for 'substantial inability to perform essential tasks' and reasonably relied on surveillance and medical evidence.
Furthermore, the arbitrator correctly awarded only the minimum benefit because the appellant's financial evidence regarding his pre- and post-accident income was unreliable and contradictory.
Appeal dismissed; self-employed appellant failed to provide reliable documentation to prove pre-accident income.
The appellant, a self-employed carpenter, appealed an arbitration decision that set his weekly income benefits at the minimum rate of $185.60 rather than the maximum rate of $600.
The appellant argued that his pre-accident income should be based on 'draws' he received in the four weeks prior to the accident and anticipated profits from an ongoing contract.
The Director's Delegate dismissed the appeal, finding no error in the arbitrator's conclusion that the appellant failed to provide adequate and reliable documentation to prove his alleged earnings.
The appellant's request for appeal expenses was also denied.
