Application for weekly benefits dismissed; undisclosed surveillance video excluded for breaching the rule in Browne v. Dunn.
The applicant, a pedestrian whose foot was run over by a car, sought weekly no-fault benefits after the insurer terminated them.
During the arbitration, the insurer attempted to introduce undisclosed surveillance video to impeach the applicant's credibility.
The arbitrator excluded the video, applying the rule in Browne v. Dunn, because the insurer failed to put the evidence to the applicant during cross-examination, which would cause undue prejudice and delay in an arbitration context.
On the merits, the arbitrator found that while the applicant suffered discomfort from his injuries, he failed to establish a substantial inability to perform his essential tasks.
The application for weekly benefits and interest was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 18, 1991
