Rizwan Wancho

The applicant was injured in a motor vehicle accident and sought income replacement benefits.

The insurer requested tax documents under section 33 of the Schedule, which the applicant failed to provide.

The insurer subsequently refused to pay the benefits, placing the applicant in non-compliance.

The applicant filed an application for dispute resolution more than two years after the refusal.

The Tribunal held that the refusal to pay stemming from a section 33 non-compliance triggered the two-year limitation period under section 56.

As the applicant failed to provide a reasonable explanation for the delay and filed outside the limitation period, the application was statute-barred and dismissed.

A post-hearing motion for an award and costs was also dismissed.

In a dispute over statutory accident benefits, the insurer brought a motion for production of the applicant's OHIP summary, family physician records, and physiotherapy/chiropractic records.

The applicant cross-moved for production of the adjuster's file.

The arbitrator ordered the applicant to produce medical records dating back to one year prior to a previous 2003 accident, finding the insurer's request for older records premature and too broad.

The arbitrator also ordered the insurer to produce the adjuster's file up to the date of the application for mediation, noting that documents created after that date may be subject to litigation privilege.