Income replacement benefit denied and expenses awarded to insurer due to applicant's lack of credibility.
The applicant sought an income replacement benefit following a motor vehicle accident, claiming he was employed at an auto body shop and paid in cash.
The arbitrator dismissed the claim, finding the applicant lacked credibility and failed to provide objective, verifiable evidence of his employment or his alleged substantial disability.
The arbitrator noted significant discrepancies regarding when the applicant began working, how he was paid, and his earnings.
The applicant's claim for a special award was also dismissed.
Given the frivolous nature of the proceeding and the applicant's lack of credibility, the arbitrator ordered the applicant to pay the insurer's reasonable arbitration expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 6, 2002