Application for statutory accident benefits dismissed due to lack of credible evidence and failure to produce records.
The applicant sought statutory accident benefits following a motor vehicle accident, including income replacement benefits (IRBs), medical and rehabilitation benefits, and costs of examinations.
The respondent brought a preliminary motion to dismiss the application due to the applicant's failure to comply with production orders and attend an insurer's examination, which the Tribunal dismissed.
On the merits, the Tribunal found the applicant failed to prove a substantial inability to perform the essential tasks of his employment, noting significant credibility issues and a failure to produce relevant financial and employment records.
The Tribunal also dismissed the claims for medical benefits and examination costs, preferring the evidence of the respondent's assessors over the applicant's evidence.
The application was dismissed in its entirety.
OLATOntario Licence Appeal TribunalMar 25, 2020