Application for accident benefits dismissed due to lack of credible evidence and applicant's abusive conduct.
The applicant sought statutory accident benefits following a series of incidents that began with a minor collision in a car wash, escalated to a physical assault by the other driver, and culminated in the applicant intentionally ramming the other driver's vehicle under a tractor-trailer.
The arbitrator found that while the initial collisions were 'accidents' under the Schedule, the assault and the intentional ramming were not.
The application for weekly income benefits was dismissed because the applicant, who repeatedly disrupted the hearing and abused the process, failed to provide credible evidence of disability, causation, or income.
The hearing was ultimately concluded early due to the applicant's abusive and contemptuous behaviour.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 9, 1999