Application to vary arbitration order denied; new evidence post-dated critical period and would not have altered outcome.
The applicant sought to vary or revoke an arbitration order that denied her post-156 week income benefits, arguing there was new evidence and a material change in her circumstances.
The Director of Arbitrations dismissed the application, finding that the applicant could not claim a material change because she was not continuously disabled at the 156-week mark.
Furthermore, the new medical evidence post-dated the critical period by over four years, did not undermine the original factual findings, and would not have affected the outcome.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 30, 2003
