Robert Bowman

The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs) from the insurer.

She also received Canada Pension Plan (CPP) disability benefits and settled a long-term disability (LTD) claim for a lump sum that allegedly accounted for her CPP benefits.

On a preliminary issue, the applicant argued that the insurer should not be allowed to deduct CPP benefits from her IRBs, as this would result in a double deduction.

The arbitrator held that under the applicable Statutory Accident Benefits Schedule, the deduction of CPP disability benefits from IRBs is mandatory.

The insurer was therefore entitled to deduct the CPP benefits regardless of the LTD settlement terms.

The appellant appealed a motion judge's finding that he had entered into a binding settlement agreement with the respondents.

The appellant argued that his disability rendered him incapable of entering into the agreement and that he had subsequently repudiated it.

The Court of Appeal dismissed the appeal, upholding the motion judge's findings that the appellant had a full and complete understanding of the agreement and that the respondents did not accept his repudiation.

The applicant sought statutory accident benefits following a motor vehicle accident.

The applicant failed to appear at the arbitration hearing and adduced no evidence to support the claim.

The arbitrator dismissed the application and awarded $400 in expenses to the insurer.

The applicant, who was catastrophically injured in a motor vehicle accident and resides in a long-term care facility, sought additional attendant care benefits for personal care, financial management, and clothing care provided by his family.

The arbitrator found that the daily care provided by the facility was reasonable and adequate, denying additional daily personal care benefits.

However, the arbitrator awarded a nominal monthly amount of $37.10 for financial management and clothing care services provided by family members, interpreting section 16 of the Schedule conjunctively to allow concurrent expenses for a facility and an aide.

Claims for a special award were dismissed, but interest on overdue payments was granted.

The defendant insurer brought a motion for leave to appeal an order requiring it to pay six months of statutory accident benefits as a lump sum and ongoing weekly payments as a term of adjourning the plaintiff's motion for injunctive relief.

The Divisional Court found no good reason to doubt the correctness of the motions judge's order, noting that such payments can be ordered to respond to the impact of an adjournment or as part of the insurer's duty of utmost good faith.

The court held that the scale of the payment was not a matter of general importance and refused leave to appeal.