Dr. Blackstock

The applicants, two minors injured in a motor vehicle accident, sought a special award under s. 282(10) of the Insurance Act, alleging the insurer unreasonably withheld or delayed payment of statutory accident benefits.

Prior to the hearing, all substantive issues regarding medical benefits and interest were settled.

The arbitrator dismissed the claim for a special award, finding no evidence that the insurer mishandled the file or acted in bad faith.

The insurer had relied on independent medical examinations that differed from the applicants' family doctor's recommendations, which constituted a mere difference of opinion rather than unreasonable withholding of benefits.

The insurer was awarded its expenses for the arbitration hearing.

The applicant was injured in a motor vehicle accident in 2008 and sought ongoing income replacement benefits, housekeeping benefits, and medical benefits for psychological treatment.

The insurer terminated benefits, relying on surveillance evidence and medical assessments indicating the applicant's condition had improved and he was exaggerating symptoms.

The arbitrator found the applicant's evidence lacked credibility, noting he failed to disclose a subsequent 2010 accident to assessors and attributed impairments from the second accident to the first.

The application for arbitration was dismissed, as the applicant failed to prove a complete inability to engage in suitable employment or a substantial inability to perform housekeeping tasks.