Elizabeth Wilson

The insurer requested an assessment of expenses following a preliminary issue hearing where expenses were awarded in its favour.

The applicant's representative withdrew from the proceeding because he was unable to contact the applicant.

The arbitrator adjourned the expense hearing and ordered the insurer to personally serve the applicant with notice of the new hearing date.

The insurer failed to personally serve the applicant, instead leaving the documents in a mailbox at her last known address without conducting further investigations.

Because the insurer failed to comply with the order for personal service by the specified deadline, the arbitrator dismissed the request for an assessment of expenses.

The applicants applied for statutory accident benefits following an alleged motor vehicle accident.

The insurer terminated benefits and sought repayment, alleging the applicants wilfully misrepresented the circumstances of the accident.

Relying on uncontroverted expert accident reconstruction evidence, the arbitrator found the accident could not have occurred as described by the applicants.

The arbitrator concluded the applicants wilfully misrepresented material facts and ordered them to repay the income replacement, housekeeping, and medical benefits paid directly to them, totaling $14,536.12 for one applicant and $16,973.63 for the other, plus interest.

The applicants were also ordered to pay the insurer's arbitration expenses.

The applicants claimed statutory accident benefits following an alleged motor vehicle accident.

The insurer terminated benefits and argued the applicants were not involved in an accident as defined in the Schedule.

At a preliminary issue hearing, the arbitrator found significant inconsistencies in the applicants' evidence regarding the mechanics of the collision and the aftermath.

Relying on these inconsistencies and the expert evidence of an accident reconstruction engineer, who opined that the damage was inconsistent with the reported collision, the arbitrator concluded the applicants failed to prove they were involved in an accident.

The applicants were precluded from proceeding to arbitration, and the insurer was entitled to pursue repayment of benefits paid.