Dr. R. Wong

The applicant was involved in two motor vehicle accidents in 2002 and sought statutory accident benefits, including income replacement, medical, and housekeeping benefits.

The insurer denied the claims, arguing a lack of causation for symptoms that arose six months after the second accident.

The arbitrator found that while the applicant was substantially unable to perform his pre-accident employment duties after March 2003, he failed to establish on a balance of probabilities that either accident caused the delayed onset of his significant symptoms.

Consequently, the claims for income replacement benefits and further chiropractic treatment for the second accident were dismissed.

The arbitrator did award outstanding chiropractic expenses for the first accident and a small balance for housekeeping services, along with interest on the overdue amounts.

The applicant, a passenger on a TTC bus involved in a collision, sought statutory accident benefits including weekly benefits, housekeeping expenses, and a special award.

The arbitrator found the applicant's evidence unreliable and fraught with misrepresentations, preferring the insurer's medical evidence that the applicant was malingering and did not suffer from chronic pain syndrome or a disabling disc injury.

The claims for benefits were dismissed.

Finding the arbitration to be an abuse of process due to the applicant's deliberate misrepresentations, the arbitrator ordered the applicant to pay $1,000 in expenses to the insurer.