Interim income replacement benefits granted pending arbitration; late-disclosed surveillance evidence excluded.
The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them at the two-year mark.
The applicant brought a motion for interim benefits pending arbitration.
The arbitrator found that the applicant had demonstrated a strong case for ongoing entitlement and severe financial hardship.
The arbitrator also excluded video surveillance evidence proffered by the insurer due to late and incomplete disclosure under Rule 40 of the Dispute Resolution Practice Code.
The motion for interim benefits was granted.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 16, 2009
