Motion for interim benefits granted to fund brain injury treatment pending arbitration.
The applicant, who suffered a brain injury in a motorcycle accident, brought a motion for interim benefits to cover the cost of treatment at the Anagram Treatment Centre pending arbitration.
The insurer opposed, arguing the treatment was unreasonable and the recommending psychologist was in a conflict of interest.
The arbitrator granted the motion, finding that the applicant risked significant prejudice if treatment for organic brain damage was delayed, whereas the insurer faced little risk as it could recover any overpayment from the applicant's uninsured motorist tort claim if the treatment was later found unnecessary.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 20, 2000
