Phyllis Diane McDowell

The applicant's husband was fatally injured in a motor vehicle accident while driving his own uninsured vehicle.

The applicant sought death benefits and funeral expenses from the insurer of the other vehicle involved in the collision.

The insurer denied the claim, arguing the deceased was not an 'insured person' under the Statutory Accident Benefits Schedule.

The arbitrator found that while the deceased did not meet the Schedule's definition, he did fall within the expanded definition of 'insured person' under section 2.2.3(g) of the O.P.F. 1 standard policy issued by the insurer.

The insurer was bound by the broader terms of its approved policy, entitling the applicant to the claimed benefits.

The applicant, a self-employed taxi driver, was injured in a motor vehicle accident and sought no-fault income replacement and transportation benefits.

The insurer disputed the applicant's pre-accident income, arguing that self-generated trip sheets and GST returns were unreliable and that benefits should be based on his prior year's tax return.

The arbitrator found the applicant's evidence regarding his income to be contradictory and unreliable, and calculated his weekly benefits based on his 1990 tax return, ordering him to repay overpaid amounts.

The arbitrator also found that a second motor vehicle accident constituted an intervening cause, requiring the applicant to repay benefits received from the first insurer after the second accident.

Finally, the arbitrator dismissed the claim for taxi fares due to lack of credibility, awarding only the cost of a monthly public transit pass, and declined to award the applicant his arbitration expenses.

The appellant, a taxi driver injured in a motor vehicle accident, appealed an arbitral decision that awarded him minimum weekly income benefits and ordered him to repay $1,695.60 to the insurer.

The appellant sought a stay of the repayment, admission of fresh evidence, and a recalculation of his benefits, alleging the arbitrator was biased against him and erred in assessing his income.

The Director of Arbitrations dismissed the appeal, finding no evidence of bias or procedural unfairness.

The Director held that the appellant failed to properly prove his gross income and expenses, and declined to admit fresh evidence that could have been presented at the original hearing.

The request for a stay and the claim for appeal expenses were also denied.

The Applicant, a self-employed taxicab driver, was injured in a motor vehicle accident and applied for weekly income benefits.

The Insurer initially paid benefits based on the Applicant's verbal declaration but later reduced payments to the minimum statutory amount when the Applicant failed to provide satisfactory documentary proof of his gross weekly income.

The arbitrator found that the Applicant failed to establish a gross weekly income exceeding the statutory minimum of $232.00 per week.

The Applicant was awarded the minimum benefit of $185.60 per week, and the Insurer was ordered to be repaid $1,695.60 for the initial overpayment.