Motion for interim income replacement benefits dismissed as applicant failed to establish a prima facie case.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them.
The applicant brought a motion for interim benefits, arguing the insurer failed to comply with the benefit stoppage provisions under section 64 of the Statutory Accident Benefits Schedule.
The arbitrator held that to obtain interim benefits, an applicant must establish a prima facie case for entitlement and a sense of urgency.
The arbitrator found that the medical evidence raised the possibility that the applicant's cognitive problems resulted from non-accident related causes, such as age-related dementia.
As the applicant failed to present sufficient evidence or legal arguments to establish a prima facie case for entitlement, the motion for interim benefits was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 10, 1996
