Interim income replacement benefits and work-hardening program funding granted pending final arbitration hearing.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
Following a denial by the insurer, the applicant sought interim income replacement benefits and funding for a work-hardening programme pending the final arbitration hearing.
The arbitrator conducted an extensive review of the jurisprudence regarding interim orders under section 279(4.1) of the Insurance Act, rejecting the strict application of injunction tests such as 'irreparable harm' and 'prima facie case.' Instead, the arbitrator applied a holistic approach focused on the consumer protection mandate of the legislation.
Finding that the applicant's uncontradicted evidence and the medical reports supported the need for a transitional work programme, the arbitrator granted the interim benefits and ordered the insurer to fund the programme.
The request for an interim special award was deferred to the final hearing.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 22, 2005
