The applicants, who were injured in a motor vehicle accident, sought an interim award for the payment of physiotherapy expenses and a special award against the insurer for unreasonably withholding payment.
The insurer argued that the applicants had not provided a 'Certificate of Reasonableness' or established that they suffered an impairment as a result of the accident.
The arbitrator dismissed the motion, finding that the applicants failed to establish a prima facie case for entitlement to the benefits and did not demonstrate sufficient urgency to justify an interim order.
The request for a special award was also dismissed as inappropriate on an interim basis.
