Dr. R. Dunlop

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

After mediation failed, the applicant applied for arbitration and obtained medical reports from an orthopaedic surgeon and a chiropractor.

The parties settled the substantive issues but disputed whether the cost of the medical reports were payable as arbitration expenses.

The arbitrator found that the reports were commissioned in contemplation of the arbitration proceeding to meet the applicant's evidentiary burden, rather than as examination expenses under section 24 of the Schedule.

The insurer was ordered to pay $1,200 for each report as arbitration expenses under subsection 282(11) of the Insurance Act.

The applicant was injured in a motor vehicle accident and sought ongoing income replacement benefits beyond the 104-week mark, as well as the cost of a golf cart as a rehabilitation expense.

The insurer terminated benefits, arguing the applicant's inability to work was due to a pre-existing back injury and that she was capable of working with accommodations.

The insurer also argued that the applicant's HOOPP disability pension should be deducted from any income replacement benefits.

The arbitrator found that the motor vehicle accident materially contributed to the applicant's impairments, rendering her completely unable to perform any suitable occupation.

The arbitrator also held that the HOOPP pension was not an income continuation plan or temporary disability benefit, and thus was not deductible.

The applicant was awarded ongoing income replacement benefits and the cost of the golf cart.