2 total
Applicant awarded $750 in expenses despite conceding claim on the day of the arbitration hearing.
The applicant was injured in a motor vehicle accident and received weekly income benefits.
The insurer deducted Canada Pension Plan disability benefits from the weekly income benefits, arguing they were payments for loss of income.
The applicant disputed this and applied for arbitration.
On the date of the hearing, the applicant conceded the claim would fail but sought arbitration expenses.
The arbitrator found it was reasonable for the applicant to have applied for arbitration to test the legal issue, but noted the claim was unreasonably prolonged before being conceded.
The arbitrator awarded the applicant $750 in expenses.
Applicant not excluded from no-fault benefits where not convicted of driving without insurance.
The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.
The insurer sought to exclude the applicant from receiving benefits under clauses 17(1)(c) and (d) of the No-Fault Benefits Schedule, arguing he was driving without insurance.
The arbitrator found that clause 17(1)(c) requires a conviction for driving without insurance, which the applicant did not have, as his charge was withdrawn and he pleaded guilty only to failing to have an insurance card.
The arbitrator also held that clause 17(1)(d) relates to licensing matters, not compulsory insurance legislation.
The applicant was found not to be excluded from receiving benefits and was awarded his expenses for the preliminary issue hearing.
