Motion for interim income replacement benefits dismissed for failure to establish prima facie case or financial urgency.
The applicant sought interim income replacement benefits following a motor vehicle accident.
The insurer denied the claim, alleging it was out of time.
The applicant brought a motion for interim benefits, claiming urgent financial need and a deterioration in her physical condition.
The arbitrator dismissed the motion, finding that the applicant failed to establish a prima facie case of entitlement, as the medical evidence largely indicated she was able to perform her essential tasks of employment.
Furthermore, the applicant failed to provide sufficient evidence to prove financial urgency.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 27, 2007
