Dr. Prior

The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) until the insurer terminated them.

Prior to the arbitration hearing, the insurer conceded the issue and paid the IRBs retroactively.

The arbitrator held that interest on the overdue IRBs began to accrue from the date they were initially terminated, as the insurer bears the consequence of a decision not to pay benefits later found owing.

The arbitrator also awarded a special award of $36,280.00, finding the insurer acted unreasonably by ignoring the conclusions of its own medical and vocational assessors, who noted that the alternative job options proposed did not provide the same remuneration as the applicant's pre-accident employment.

The insurer was ordered to pay $25,000.00 in expenses.

The appellant appealed a decision of the Ontario Review Board declaring him unfit to stand trial and ordering his detention at the Brockville Mental Health Centre.

The appellant did not contest his unfitness or the finding that he posed a significant risk to the community due to serious mental illness, but argued he should be transferred to the Royal Ottawa Mental Health Centre instead.

The Court of Appeal found the Review Board erred by failing to investigate when the complainant would be discharged from the Royal Ottawa Centre, which was the primary basis for the transfer order.

The court also identified unresolved questions regarding the appellant's linguistic rights under the Criminal Code and the French Language Services Act.

The appeal was allowed and the matter was remitted to the Review Board for a new hearing.

The applicant sought statutory accident benefits following a motor vehicle accident, claiming catastrophic impairment due to a mental or behavioural disorder.

The arbitrator dismissed the claims for post-104 week attendant care, housekeeping, and caregiver benefits, finding that the applicant's presentation was characterized by significant symptom fabrication, exaggeration, and malingering.

The arbitrator concluded that the applicant's cognitive and functional abilities significantly exceeded her presentation, undermining her credibility.

However, the arbitrator awarded pre-104 week housekeeping benefits and the cost of certain assistive devices, while dismissing claims for other treatments, assessments, and a special award.