Jacek Maludzinski

The Applicant was injured in a motor vehicle accident and sought payment for nine treatment plans totaling $12,085.66 from Osler Rehabilitation Centre.

The Insurer denied the claims.

At arbitration, the Arbitrator found the Applicant failed to meet her burden of proof that the medical benefits claimed were reasonable and necessary.

The Arbitrator concluded that the invoices and treatment plans from the rehabilitation centre were highly unreliable, containing numerous inconsistencies regarding the type, frequency, and providers of the treatment allegedly received.

The claims for medical benefits, interest, and a special award were dismissed.

The applicants sought statutory accident benefits following a reported motor vehicle collision.

The insurer terminated benefits and sought repayment, alleging the collision did not occur as reported.

At a preliminary issue hearing, the arbitrator weighed competing accident reconstruction expert evidence and the applicants' testimony.

Finding the applicants' evidence credible and the applicant's expert persuasive, the arbitrator concluded on a balance of probabilities that the applicants were involved in an 'accident' as defined in section 2(1) of the Schedule.