Application for accident benefits dismissed; arbitrator found the claim was fraudulent and no injuries were sustained.
The applicant sought statutory accident benefits following an alleged motor vehicle accident.
The insurer denied the claim, arguing the accident did not occur as described and the applicant suffered no injuries.
The arbitrator found that while the arbitration application was not time-barred, the applicant had no reasonable excuse for filing her benefits application late.
Furthermore, based on expert engineering evidence, inconsistencies in witness statements, and the applicant's lack of credibility, the arbitrator concluded the applicant did not sustain injuries in the alleged accident and was pursuing a fraudulent claim.
The application for benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 5, 1999
