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Summary judgment reversed; conflicting evidence in multi-vehicle collision raises genuine issues for trial.
The appellants appealed a Master's order granting summary judgment in favour of the respondent defendants in a multi-vehicle accident case.
The Master had dismissed the claims against the respondents, finding no genuine issue for trial regarding their liability.
The Divisional Court allowed the appeal, holding that conflicting evidence regarding the number of impacts and the sequence of collisions raised genuine issues for trial that should not be resolved on a summary judgment motion.
Death benefit under the Schedule is payable only to the single parent upon whom the child was principally dependent.
The applicant father sought a $20,000 death benefit from his separated wife's automobile insurer following the death of their son in a motor vehicle accident.
The child lived with his mother and was principally dependent on her for financial support.
The arbitrator held that under section 11(2)(d) of the Statutory Accident Benefits Schedule, the death benefit is payable only to the single person upon whom the deceased was actually dependent, not to both parents.
The applicant's claim for a death benefit and a special award for unreasonably withheld payments were dismissed, though he was awarded his expenses for advancing an arguable position on a novel legal point.
Insurer awarded $21,446 repayment after applicant fraudulently misrepresented self-employment income to obtain maximum accident benefits.
The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, asserting he was a successful self-employed jewellery manufacturer.
The insurer paid the maximum weekly income benefit of $600 based on a purported purchase order.
The arbitrator found that the applicant had fraudulently misrepresented the status of his business and the existence of the purchase order, and that the insurer had erred in calculating benefits based on anticipated rather than earned income.
The applicant was found to be self-employed but only entitled to the minimum weekly benefit of $185.60 for 156 weeks.
The insurer was awarded a repayment of $21,446.40 for the overpayment.
Claims for benefits beyond 156 weeks and a special award were dismissed.
Applicant denied accident benefits, ordered to repay $2,960, and penalized $1,000 for abuse of process.
The applicant sought weekly income benefits following a motor vehicle accident.
The insurer terminated benefits after the applicant failed to attend a scheduled medical examination and subsequently sought repayment of benefits already paid.
The arbitrator found that the applicant failed to establish a substantial inability to perform his essential tasks and drew adverse inferences due to his failure to comply with production orders.
The applicant's claim for benefits was dismissed, and he was ordered to repay $2,960.00 in benefits obtained through error or fraud.
Additionally, the applicant was ordered to pay $1,000.00 to the insurer for abuse of process.
