David Elias Preszler

The appellant insurer sought to appeal an arbitrator's preliminary decision that the child's benefit component of Canada Pension Plan disability benefits is not deductible from income replacement benefits, as well as an interim expense order.

The Director's Delegate declined to exercise discretion under Rule 50.2 of the Dispute Resolution Practice Code to accept the appeal before all issues in dispute were finally decided, finding that hearing the appeal now would not produce the quickest, most just, and least expensive resolution of the dispute.

The request for a stay of the arbitrator's orders was also denied.

The Applicant sought an adjournment of an arbitration hearing regarding statutory accident benefits, which the Insurer initially opposed but later conceded.

The Arbitrator granted the adjournment to allow the catastrophic impairment issue to be heard together with other issues.

On a preliminary issue regarding the quantum of income replacement benefits, the Arbitrator ruled that the Canada Pension Plan (CPP) child's benefit is not a 'disability pension benefit' under subsection 2(9) of the Schedule and therefore cannot be deducted from the Applicant's income replacement benefits.

The Arbitrator awarded the Applicant $11,960 in expenses due to the Insurer's failure to consent to the adjournment earlier.