Marcel Malfitano

The appellant appealed an Arbitrator's decision finding that he was not catastrophically impaired and dismissing his claims for statutory accident benefits.

The appellant argued that the Arbitrator erred in relying on surveillance evidence and the respondent's medical experts rather than his own presentation at the hearing and his family's testimony.

The Director's Delegate dismissed the appeal, finding that the Arbitrator made no errors of law.

The Arbitrator was entitled to weigh the evidence, including surveillance videos showing the appellant engaging in complex activities that contradicted his family's testimony and his presentation to his own medical experts.

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

After failing to attend scheduled insurer examinations and failing to provide requested documentation, the applicant withdrew her claims two business days before the scheduled arbitration hearing.

The insurer sought its expenses.

The arbitrator found that the applicant had unduly prolonged the proceedings and failed to attend required examinations.

The arbitrator awarded the insurer its arbitration assessment fee and a portion of its legal expenses, totaling $8,862.04 inclusive of HST and disbursements.