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Insurer failed to prove applicant knew or ought reasonably to have known motorcycle was uninsured.
The Applicant was catastrophically injured when he lost control of an uninsured motorcycle.
The Insurer denied certain statutory accident benefits under s. 31(1)(a)(i) of the Schedule, arguing the Applicant had purchased the motorcycle that day and knew or ought reasonably to have known it was uninsured.
The Arbitrator found the Insurer failed to prove on a balance of probabilities that the Applicant had purchased the motorcycle or that an ordinary rational person in his circumstances ought reasonably to have known it was uninsured.
The Arbitrator also admitted the testimony of the Applicant's cousin despite late disclosure, and admitted a discovery transcript from a related priority arbitration.
The preliminary issue was resolved in the Applicant's favour.
Appeal of accident benefits decision dismissed; arbitrator properly exercised discretion to exclude late-disclosed evidence.
The appellant appealed an arbitrator's decision dismissing her claims for medical, caregiver, attendant care, and housekeeping benefits following a motor vehicle accident.
The appellant argued the arbitrator erred in law by excluding a witness and a document disclosed shortly before the hearing, applying an incorrect causation test, and improperly weighing the medical evidence.
The Director's Delegate rejected the appeal, finding the arbitrator properly exercised his discretion to exclude late evidence to prevent trial by ambush, made reasonable credibility findings, and provided adequate reasons for preferring the respondent's medical evidence.
The appeal was restricted to questions of law, and no such errors were found.
