Mary Selvanathan

The applicant sought non-earner benefits, attendant care benefits, and the cost of a chronic pain assessment following a motor vehicle accident.

The adjudicator found the applicant was barred from pursuing the chronic pain assessment due to her failure to attend section 44 insurer examinations without a valid reason.

The claims for non-earner and attendant care benefits were dismissed because the applicant failed to establish a complete inability to carry on a normal life or that the attendant care expenses were incurred, with the adjudicator preferring the respondent's medical evidence and noting inconsistencies in the applicant's self-reporting and treating physician's records.

The insurer brought a motion to dismiss the insured's application for arbitration for statutory accident benefits.

The insurer argued the application was statute-barred because the insured failed to attend two scheduled mediation sessions, meaning mediation did not take place as required by section 281(2) of the Insurance Act.

The arbitrator agreed, finding that the mediator incorrectly issued a failed report instead of reporting that mediation did not take place.

Because the mandatory mediation precondition was not met, the two-year limitation period expired, and the application for arbitration was dismissed.

The applicant, a former Assessor/Case Manager, alleged that his employer and manager discriminated against him on the basis of race and ethnic origin, culminating in his termination.

The applicant claimed he was subjected to psychological abuse, denied opportunities, and treated differently than a favored 'inner circle' of employees.

The Tribunal found that the applicant's termination and the manager's actions were based on legitimate work performance issues, including extraordinary tardiness and failure to maintain up-to-date client files.

The application was dismissed as the evidence did not support the allegations of discrimination or harassment.