Appeal of accident benefits decision dismissed; arbitrator properly exercised discretion to exclude late-disclosed evidence.
The appellant appealed an arbitrator's decision dismissing her claims for medical, caregiver, attendant care, and housekeeping benefits following a motor vehicle accident.
The appellant argued the arbitrator erred in law by excluding a witness and a document disclosed shortly before the hearing, applying an incorrect causation test, and improperly weighing the medical evidence.
The Director's Delegate rejected the appeal, finding the arbitrator properly exercised his discretion to exclude late evidence to prevent trial by ambush, made reasonable credibility findings, and provided adequate reasons for preferring the respondent's medical evidence.
The appeal was restricted to questions of law, and no such errors were found.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 11, 2014
