Appeal of SABS decision dismissed; no error of law in evidence weighing or capacity assessment.
The appellant appealed an arbitrator's decision denying her claims for caregiver and non-earner benefits following a motor vehicle accident.
The Director's Delegate found no error of law in the arbitrator's weighing of the medical evidence, which preferred the insurer's assessments over the appellant's experts.
The Director's Delegate also rejected the argument that the arbitrator erred by allowing the appellant to proceed unrepresented, noting there was a presumption of capacity and no signs of mental difficulty that would require an inquiry under the Substitute Decisions Act.
The appeal was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 3, 2014
