Statutory accident benefits denied and $1,000 in expenses awarded to insurer due to applicant's malingering.
The applicant, a passenger on a TTC bus involved in a collision, sought statutory accident benefits including weekly benefits, housekeeping expenses, and a special award.
The arbitrator found the applicant's evidence unreliable and fraught with misrepresentations, preferring the insurer's medical evidence that the applicant was malingering and did not suffer from chronic pain syndrome or a disabling disc injury.
The claims for benefits were dismissed.
Finding the arbitration to be an abuse of process due to the applicant's deliberate misrepresentations, the arbitrator ordered the applicant to pay $1,000 in expenses to the insurer.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 25, 1996
