Mary-Catherine Lill

The applicant sought statutory accident benefits following a motor vehicle accident.

The applicant passed away prior to the hearing, and no estate trustee or representative attended the scheduled videoconference hearing despite notice being provided.

The Tribunal proceeded in the applicant's absence pursuant to s. 7(1) of the Statutory Powers Procedure Act.

The application was dismissed as the applicant failed to meet her evidentiary burden to establish entitlement to the claimed benefits.

Jevco Insurance sought repayment of $7,181.76 in Income Replacement Benefits (IRBs) paid to the respondent, alleging he made a material misrepresentation regarding his primary residence to secure lower insurance premiums.

The respondent failed to participate in the hearing.

The Tribunal found that the respondent intentionally misrepresented his address, living in Etobicoke rather than Ottawa, which resulted in a $3,990 reduction in his premium.

The Tribunal ordered the respondent to repay the IRBs with interest, plus $106 in costs.

The applicant sought statutory accident benefits for three treatment plans following a motor vehicle accident.

The respondent denied the plans and requested the exclusion of the applicant's late-filed submissions and evidence.

The adjudicator admitted the late evidence and the disputed treatment plans, finding no prejudice to the respondent and noting the tribunal's obligation to consider necessary documents.

On the merits, the adjudicator dismissed the application, finding the applicant failed to prove the treatment plans were reasonable and necessary.

The adjudicator preferred the respondent's insurer's examination reports, which consistently found the facility-based treatments unnecessary, over the applicant's clinic records.

The respondent's request for costs was also denied.