Dr. James Rennie

The applicant sought judicial review of a decision by the Director's Delegate of the Financial Services Commission of Ontario, which upheld an arbitrator's dismissal of her claims for statutory accident benefits following a motor vehicle accident.

The applicant argued procedural unfairness, errors in calculating income for income replacement benefits, and failure to consider a treatment plan.

The Divisional Court applied the reasonableness standard of review and found no error in fact or law, nor any breach of natural justice.

The application for judicial review was dismissed.

The appellant appealed an arbitrator's decision dismissing her claims for statutory accident benefits and awarding expenses to the insurer following a rear-end collision.

The arbitrator had found that the appellant suffered a mild whiplash injury from which she recovered, and that her ongoing physical and psychological issues were attributable to pre-existing conditions rather than the accident.

On appeal, the Director's Delegate dismissed the appeal, finding that the arbitrator's conclusions on causation were factual determinations supported by the medical evidence.

The Delegate also rejected the appellant's procedural arguments, including claims of bias and the refusal to order the insurer to pay for transcripts from a previous arbitration, concluding that the arbitrator properly controlled the hearing and afforded the appellant a reasonable opportunity to present her case.

The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including medical and rehabilitation benefits, housekeeping expenses, and attendant care benefits.

The insurer denied the claims.

The arbitrator found that the applicant suffered from pre-existing physical and psychological conditions due to prior incidents.

Based on the medical evidence and the applicant's level of activity before and after the accident, the arbitrator concluded that the motor vehicle accident did not significantly contribute to her ongoing physical or psychological impairments.

All claims for benefits, interest, and a special award were dismissed.

The appellant appealed an arbitrator's decision dismissing her claims for income replacement benefits, medical and rehabilitation benefits (including a Tempur mattress and laptop computer), a neuropsychological re-assessment, and a special award under the Statutory Accident Benefits Schedule.

She also appealed the arbitrator's order awarding the insurer $15,344.05 in expenses.

The Director's Delegate dismissed the appeal, finding no breach of natural justice or procedural fairness by the arbitrator.

The Delegate upheld the arbitrator's factual findings that the appellant was not disabled from her pre-accident employment, that the claimed medical and rehabilitation items were not reasonable and necessary, and that the appellant's conduct unnecessarily prolonged the hearing, justifying the expenses award.