John Scott

Criminal trial of a suspended police officer charged with multiple fraud-related offences arising from nine motor vehicle accident reports prepared without attending accident scenes.

The court found that eight of the reported accidents never occurred and that the remaining report grossly misstated the number of occupants.

Relying on circumstantial evidence, deceptive notebook entries, false ticketing practices, timing irregularities, and corroborated evidence from unsavoury witnesses, the court concluded beyond a reasonable doubt that the accused knowingly participated in an insurance fraud scheme and was paid to facilitate it.

Convictions were entered on all counts except four obstruction counts where the evidence did not establish that the tickets were ever issued.

The appellant appealed an arbitrator's decision denying her weekly income and dependent care benefits following a motor vehicle accident.

She requested an oral rehearing, a referral to the Medical and Rehabilitation Advisory Panel, and a reinstatement of benefits, arguing the arbitrator misapplied the test for 'substantial inability' to perform essential tasks as a homemaker.

The Director of Arbitrations dismissed the appeal, finding no grounds to order a rehearing or a medical referral.

The Director upheld the arbitrator's conclusion that while the appellant experienced pain and her tasks took longer, she did not suffer a substantial inability to perform her essential tasks.

The appellant was awarded her expenses for the appeal.

The applicant was injured in a motor vehicle accident and claimed ongoing weekly benefits, supplementary medical and rehabilitation expenses, and a special award under the Insurance Act.

The arbitrator found that while the applicant experienced pain and her ability to perform her essential tasks as a home-maker and mother was limited, she did not suffer a 'substantial inability' to perform those tasks as required by the No-Fault Benefits Schedule.

The claim for ongoing weekly benefits was dismissed.

The insurer agreed to pay most of the supplementary medical and rehabilitation expenses, and the arbitrator remained seized of one disputed invoice.

The claim for a special award was dismissed as the insurer did not unreasonably withhold benefits.

The applicant was awarded her expenses for the arbitration.

The complainant hospital created a new Registered Nurse position in its alcohol and addiction program and assigned the work to the Ontario Nurses' Association (ONA) bargaining unit.

The Ontario Public Service Employees Union (OPSEU) filed a jurisdictional complaint, arguing the work involved psycho-social counselling and should be assigned to its paramedical members.

The Board found that the position required a registered nurse to provide a multidisciplinary approach to treatment.

Since ONA represents registered nurses at the hospital and no OPSEU members were capable of performing the job, the Board upheld the hospital's assignment and dismissed the complaint.