Ian A. Little

The applicant was injured in a motor vehicle accident and received weekly income benefits.

A preliminary issue was raised regarding the interpretation of the phrase 'for any period in excess of 156 weeks' in section 13(8)(b) of the Statutory Accident Benefits Schedule.

The arbitrator held that the phrase means 156 weeks of disability, rather than a continuous 156-week period from the date of the accident or 156 weeks of benefits actually paid.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them based on an orthopaedic assessment.

The applicant sought continued benefits under section 7 of the Statutory Accident Benefits Schedule, claiming a lower back injury prevented him from working.

The arbitrator found that the applicant's lower back problems were a recurrence of a pre-existing condition and not caused by the accident, dismissing the section 7 claim.

However, the arbitrator found that the insurer was required to pay benefits under section 64 of the Schedule from the date the applicant provided a signed medical release form until the date he was notified of the negative Designated Assessment Centre report.

The applicant sought statutory accident benefits, including other disability benefits and housekeeping expenses, following a minor motor vehicle accident.

The arbitrator found that the applicant did not suffer a substantial inability to carry on his pre-accident household activities and dismissed the claims for ongoing benefits.

However, the arbitrator found that the insurer's notice of termination was slightly defective, entitling the applicant to a small payment of $105.71 for the notice period.

The arbitrator also found that the applicant had wilfully misrepresented his need for and receipt of housekeeping services, ordering him to repay $3,800 to the insurer.

The application was deemed frivolous, and the applicant was ordered to pay the insurer's $2,000 arbitration fee.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.

The applicant applied for arbitration but failed to attend a scheduled independent medical examination (IME).

The insurer brought a motion to stay the arbitration hearing.

The arbitrator held that under sections 23(2) and 25 of the Statutory Accident Benefits Schedule, an applicant cannot proceed with the dispute resolution process unless they make themselves reasonably available for a medical examination.

The motion was granted, and the applicant was precluded from proceeding with the arbitration until she makes herself available for the IME.

The Applicant was found unconscious and severely injured on a sidewalk and claimed he was struck by a motor vehicle.

The Insurer denied his claim for statutory accident benefits, arguing his injuries resulted from a fall, not a motor vehicle accident.

The arbitrator found on a balance of probabilities that the Applicant was injured in an 'accident' as defined in the Schedule, likely a hit-and-run.

The Applicant was awarded weekly income benefits of $61.63 per week for a specified period, supplementary medical and rehabilitation benefits for physiotherapy and psychological services, plus interest and arbitration expenses.

The applicant was injured in a motor vehicle accident and received weekly income benefits until the insurer terminated them.

She applied for ongoing benefits, claiming she was substantially unable to perform her essential tasks as a homemaker due to a knee injury.

The arbitrator dismissed the claim for ongoing benefits, finding that the medical evidence, surveillance video showing her performing tasks without apparent discomfort, and her history of non-compliance with treatment indicated she was no longer substantially disabled.

The claim for a special award was also dismissed, but the applicant was awarded her arbitration expenses.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits more than two years later.

The insurer denied the claim due to the delay.

The applicant argued the insurer was estopped from relying on the limitation period or had waived it.

The arbitrator found no estoppel or waiver, and held that the failure to submit the application within two years invalidated the claim, preventing the applicant from proceeding to arbitration.

The applicant was awarded expenses for the preliminary hearing.

The applicant, a high school student injured in a motor vehicle accident, had a legitimate offer for a summer job at the time of the accident.

The insurer paid increased weekly benefits during the summer employment period but reduced them after the job would have ended.

The applicant sought to have the higher benefit rate continue indefinitely.

The arbitrator held that under section 12 of the Statutory Accident Benefits Schedule, the weekly benefit for an insured with a time-limited employment offer is based on the contract of employment only for the expected duration of that employment.

After the summer job period ended, the applicant's benefits were correctly reduced to the statutory minimum of $185.60 per week.

The applicant was awarded expenses due to the novel legal question.

The Applicant's husband died in a motor vehicle accident.

At the time, the family was receiving general welfare assistance, with the husband designated as the head of the household and receiving the cheques.

The Insurer denied the Applicant's claim for a $10,000 death benefit under section 11(1)(c) of the Statutory Accident Benefits Schedule, arguing she was principally dependent on welfare, not her husband.

The Arbitrator found that because the welfare payments were structured such that the Applicant had no independent access to the funds and relied on her husband to administer them, she was principally dependent for financial support on her late husband.

The Applicant was awarded the $10,000 death benefit.