Dr. Selwyn M. Smith

Following a decision on statutory accident benefits, the parties disputed the applicant's entitlement to arbitration expenses and the calculation of interest on a special award.

The arbitrator awarded the applicant her expenses of $19,048.46, finding that she achieved partial success and raised significant issues.

The arbitrator also clarified that the $5,000 special award previously ordered was inclusive of interest under subsection 282(10) of the Insurance Act.

The issue of ongoing loss of earning capacity benefits was deferred to a further pre-hearing.

The Applicant was injured in two motor vehicle accidents and claimed statutory accident benefits.

The Insurer terminated her loss of earning capacity benefits and medical benefits, alleging she failed to attend an Insurer Examination.

The Arbitrator found that the Insurer was not entitled to terminate benefits because it had improperly requested a Designated Assessment Centre evaluation without following the required procedures.

The Arbitrator assessed the Applicant's residual earning capacity based on a DAC report and surveillance evidence, finding her capable of part-time self-employment.

The Applicant was awarded ongoing loss of earning capacity benefits, outstanding medical and housekeeping expenses, and a $5,000 special award for the Insurer's unreasonable termination of benefits.