Partial stay of accident benefits order granted pending appeal regarding deductibility of CPP child benefits.
State Farm appealed an arbitrator's decision awarding the respondent income replacement benefits and attendant care benefits following a motor vehicle accident.
State Farm sought a stay of the payment orders pending the appeal.
The Director's Delegate found that a complete stay would cause undue hardship to the respondent given the lengthy delays in the proceedings.
However, the Delegate granted a partial stay limited to the extent of Canada Pension Plan child benefits received by the respondent, as the deductibility of those benefits raised a legitimate and substantive question of law.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 14, 2014
