Motion for interim benefits granted; uncontroverted medical evidence of brain injury outweighed insurer's surveillance evidence.
The applicant was injured in a motor vehicle accident and received weekly income benefits for approximately 158 weeks before the insurer terminated them.
The applicant brought a motion for interim benefits pending a full arbitration hearing.
The arbitrator found that the applicant had established a persuasive case for entitlement based on uncontroverted medical evidence of a severe brain injury, which outweighed the insurer's surveillance evidence.
The arbitrator also found that the applicant demonstrated financial necessity, as his sole income was General Welfare Assistance and he faced eviction.
The motion for interim benefits was granted.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 8, 1997
