2 total
Accident benefits claim dismissed as applicant failed to prove injuries resulted from a motor vehicle accident.
The applicant claimed statutory accident benefits after allegedly being struck by a vehicle and hitting his head on a concrete planter.
The insurer stopped paying benefits and later raised the preliminary issue that the incident did not meet the definition of an 'accident' under the Schedule, while also seeking repayment of benefits already paid.
The arbitrator held that the insurer was not estopped from raising the 'no accident' defence.
On the merits, the arbitrator found the applicant failed to prove on a balance of probabilities that his injuries were caused by the use or operation of a motor vehicle, citing significant inconsistencies in witness testimony and timing.
However, the insurer's claim for repayment was dismissed as it failed to prove the applicant made wilful misrepresentations.
Arbitration application dismissed for failure to attend; insurer awarded expenses.
The applicant applied for arbitration regarding statutory accident benefits following a motor vehicle accident.
The applicant failed to attend two pre-hearing discussions and the scheduled hearing.
The applicant's solicitors brought a motion to be removed from the record due to a breakdown in communication, which was granted.
Due to the applicant's failure to attend and pursue the matter, the application was dismissed as an abuse of process.
The insurer was awarded its expenses of the arbitration fixed at $2,534.86.
