Wafik Abadir

The appellants appealed a Notice of Proposal by the Registrar to refuse their registration as a motor vehicle dealer and salesperson, based on allegations of unregistered trading.

Prior to the hearing, the parties reached a settlement wherein the corporate appellant withdrew its dealer application and the individual appellant was granted a salesperson registration subject to conditions for two years.

The Tribunal found the resolution fair and appropriate, noting the Registrar's authority to attach consented conditions under s. 6(2) of the Motor Vehicle Dealers Act, 2002, and dismissed the appeal.

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

In a previous decision, the insurer successfully defended the claim for income replacement benefits, while the applicant recovered a small amount for a functional capacity evaluation.

On the issue of expenses, the arbitrator found that both parties unnecessarily prolonged the hearing.

The applicant failed to produce hospital records on a timely basis, and the insurer's counsel conducted lengthy and unhelpful cross-examinations regarding the applicant's pre-existing psychiatric illness.

Consequently, the arbitrator ordered that each party bear their own expenses of the arbitration proceeding.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits and medical/rehabilitation expenses.

The insurer terminated benefits, arguing the applicant's disability was due to a pre-existing schizoaffective disorder rather than the accident.

The arbitrator found that the trauma of the accident triggered an episode of the applicant's pre-existing psychiatric illness, entitling him to income replacement benefits for a limited period.

Claims for various assessments were largely dismissed, save for one functional capacity evaluation.

The claim for a special award was dismissed as the insurer's termination of benefits was not unreasonable given the complex medical evidence.