H.M. Lewin

The applicant was injured in a motor vehicle accident and received weekly income benefits for three years.

The insurer terminated benefits, and the applicant sought arbitration to reinstate them under section 12(5)(b) of the Statutory Accident Benefits Schedule, claiming he was continuously prevented from engaging in any suitable occupation.

The arbitrator dismissed the application, finding the applicant's evidence regarding his post-accident employment and level of disability to be unreliable and not credible.

This finding was supported by surveillance video showing the applicant at his former workplace and medical evidence suggesting symptom magnification and voluntary simulation.

The applicant's claim for arbitration expenses was also denied due to his lack of credibility.

The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The Insurer terminated weekly income benefits, and the Applicant applied for arbitration.

The Insurer argued that the parties had entered into a binding settlement prior to the arbitration hearing.

The Arbitrator held that under section 9.1 of the Settlement Regulation, the delivery of a written notice by the insurer is a pre-condition to entering into a settlement.

Because the cooling-off period had not commenced or expired before the Applicant rescinded the agreement, no binding settlement was entered into.

The Applicant was permitted to proceed with the arbitration.