Kevin Doan

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer disputed coverage, arguing the policy was arranged after the accident occurred, and sought rectification of the policy's effective time from 12:01 a.m. to 5:00 p.m.

The arbitrator found jurisdiction to determine the coverage issue.

The arbitrator held that the parol evidence rule prevented oral evidence from contradicting the clear 12:01 a.m. time on the certificate, and that the insurer's computer system standardizing the time was not a mistake warranting rectification.

Alternatively, the arbitrator accepted the applicant's evidence that an oral agreement for coverage was made at 6:00 a.m. prior to the accident.

Coverage was found to be available.

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

The applicant failed to attend the arbitration hearing, and his representative's request to withdraw was denied due to lack of notice to the client and delay.

The arbitrator determined the applicant was self-employed but, lacking evidence of business expenses, set the income replacement benefit at the minimum of $185 per week.

The applicant was found not entitled to benefits after the termination date, and claims for a special award and expenses were denied.

The insurer's request for the return of its assessment fee was also denied as the application was not found to be frivolous or vexatious.