Oleh Hrycko

The applicant sought statutory accident benefits, including income replacement, non-earner, and housekeeping benefits, following a motor vehicle accident.

The arbitrator found that the applicant failed to establish she was employed prior to the accident, as the financial documents provided were contradictory and unverified, and she refused to produce requested tax and accounting records.

The claim for income replacement and non-earner benefits was dismissed, though a small amount for housekeeping expenses was awarded.

The arbitrator concluded that the applicant's wilful refusal to comply with disclosure orders constituted an abuse of process under the Insurance Act.

The insurer brought a motion arguing that the applicant's claim for an increased weekly income benefit rate was time-barred.

The insurer had reduced the applicant's benefits to the minimum rate in July 1994 based on an accountant's report, and the applicant did not apply for mediation until March 1997.

The arbitrator found that the insurer's July 1994 notices, combined with the provision of the accountant's report in November 1994, constituted clear and unequivocal notice of refusal.

The ongoing investigations and communications between the parties' accountants did not constitute a waiver of the limitation period or create an estoppel.

The motion was granted and the applicant's claim regarding the benefit rate was barred.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including weekly income benefits and housekeeping expenses.

The insurer terminated benefits, arguing the applicant was misrepresenting her symptoms and was capable of working.

The arbitrator found that the applicant suffered from post-traumatic stress disorder and chronic pain syndrome resulting from the accident, which substantially disabled her from performing the essential tasks of her employment in her husband's business until August 15, 1994.

The arbitrator awarded weekly income benefits up to that date, as well as housekeeping expenses, but denied the claim for holiday expenses.