Non-earner benefit granted for period of insurer's procedural delay, but otherwise denied on the merits.
The applicant sought a non-earner benefit following a motor vehicle accident.
The Tribunal found that the respondent insurer failed to comply with its procedural obligations under s. 36(4) of the Schedule by responding late to the application, and ordered payment of the benefit for the period of non-compliance.
However, for the remaining period, the Tribunal dismissed the claim, finding the applicant failed to prove a complete inability to carry on a normal life.
The applicant's evidence lacked objective support, and the respondent's independent examination assessors noted inconsistencies and symptom exaggeration.
OLATOntario Licence Appeal TribunalMay 26, 2023
