Interim income replacement benefits granted due to applicant's urgent financial need and strong prima facie case.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer terminated his income replacement benefits, and the applicant brought a motion for interim benefits pending arbitration, citing severe financial hardship.
The arbitrator applied a holistic approach, considering the applicant's dire financial situation, the likelihood of success at arbitration, and the discovery of a contradictory medical report from the insurer's assessor that supported the applicant's inability to work.
The arbitrator found the applicant had a strong case and ordered the insurer to pay interim income replacement benefits of $185 per week.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 9, 2012
