Claims for income replacement and housekeeping benefits dismissed due to lack of credible financial and medical evidence.
The Applicant was injured in a motor vehicle accident and sought Income Replacement Benefits (IRBs) and Housekeeping and Home Maintenance Benefits from the Insurer.
The Insurer denied the claims.
At arbitration, the Applicant claimed he was self-employed prior to the accident and suffered a substantial inability to work and perform housekeeping tasks.
The Arbitrator found the Applicant's testimony lacked credibility and that he failed to provide sufficient evidence of pre-accident business income, as his tax returns showed only passive investment income.
Furthermore, medical evidence did not establish that his injuries were caused by the accident rather than extensive pre-existing conditions.
The Arbitrator dismissed the claims for IRBs, housekeeping benefits, and interest, finding the Applicant failed to meet his burden of proof.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 31, 2017