Nicolas Carlos Canizares

The applicant was injured in a motor vehicle accident and received income replacement benefits until they were terminated by the insurer.

The applicant brought a motion for interim income replacement benefits pending a full arbitration hearing.

The arbitrator found that the applicant presented a prima facie case for entitlement based on substantial medical evidence of ongoing disability, including chronic pain and psychological impairments, which outweighed the insurer's medical assessments.

The arbitrator also found the applicant demonstrated a compelling financial need.

The motion was granted, and the insurer was ordered to pay interim income replacement benefits of $311.40 per week from the date of termination until a final arbitration order is made.

Issues of special award, expenses, and interest were deferred to the hearing arbitrator.

The applicant sought a declaration that the respondent union was not entitled to represent the employees at the time a voluntary recognition agreement was entered into with the intervener employer.

The applicant conceded that the union had majority support but requested the Board exercise its discretion under section 60 of the Labour Relations Act to order a representation vote.

The Board declined to order a vote, finding no evidence to justify upsetting the settlement between the union and employer.

The Board also declined the union's request for an order confirming its representative status, noting this would inappropriately grant it certified status.

The application was dismissed.