3 total
Applicant awarded cost of chronic pain assessment but denied non-earner and physiotherapy benefits.
The applicant sought a non-earner benefit, medical benefits for physiotherapy, and the cost of a chronic pain assessment following a motor vehicle accident.
The Tribunal first allowed the applicant's late-filed medical evidence due to an administrative error.
On the substantive issues, the Tribunal found the applicant was not entitled to the non-earner benefit because he failed to provide a comparison of his pre- and post-accident activities.
The physiotherapy treatment plan was denied as the applicant failed to meet his evidentiary burden and the respondent's medical evidence indicated he had reached maximum medical recovery.
However, the Tribunal granted the cost of the chronic pain assessment, preferring the evidence of the applicant's chronic pain specialist over the respondent's orthopaedic surgeon.
Ontario Insurance Act priority provisions do not apply extraterritorially to a Nunavut policy for a Nunavut accident.
The claimant, an Ontario resident, was catastrophically injured in a motor vehicle accident in Nunavut while driving a Nunavut-plated vehicle insured by the appellant.
The respondent, the claimant's Ontario insurer, paid Ontario statutory accident benefits and sought reimbursement from the appellant under the priority provisions of the Ontario Insurance Act.
The arbitrator and appeal judge ruled in favour of the respondent.
The Court of Appeal allowed the appeal, holding that the appellant was not an 'Ontario insurer' for the purposes of the priority dispute and that the Ontario Insurance Act could not be applied extraterritorially to a Nunavut policy for an accident occurring in Nunavut.
Arbitration application deemed constructively withdrawn after applicant failed to comply with orders and attend hearings.
The Applicant sought statutory accident benefits following a motor vehicle accident but subsequently failed to comply with a production order, lost contact with his counsel (who was removed from the record), and failed to attend multiple pre-hearings and the preliminary issue hearing.
The Insurer brought a motion to dismiss the arbitration.
The Arbitrator found that the Applicant's conduct demonstrated an intention to abandon the proceeding and ordered that the application be deemed constructively withdrawn pursuant to Rule 70(3) of the Dispute Resolution Practice Code.
The Applicant was ordered to pay $600 in expenses.
