Application for non-earner benefits dismissed as the applicant failed to prove a complete inability to carry on a normal life.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, specifically non-earner benefits, from the insurer.
The parties proceeded to arbitration at the Financial Services Commission of Ontario.
The arbitrator applied the principles from Heath v. Economical Mutual Insurance Co. to determine whether the applicant suffered a complete inability to carry on a normal life.
The arbitrator found that the applicant failed to prove that the accident continuously prevented her from engaging in substantially all of her pre-accident activities, as she continued to perform most of her usual activities despite increased pain.
The application for non-earner benefits and interest was dismissed, and the issue of expenses was deferred.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 23, 2010
