2 total
Human rights application regarding disability benefits dismissed for no reasonable prospect of success and delay.
The applicant alleged discrimination, harassment, and reprisal by the respondent insurance company regarding his long-term disability benefits.
He claimed the CPP disability offset was discriminatory, the requests for medical information were excessive and harassing, and his benefits were suspended in reprisal for complaining.
Following a summary hearing, the Tribunal dismissed the offset and reprisal allegations as having no reasonable prospect of success.
The harassment allegation was dismissed because the application was filed outside the one-year limitation period under section 34 of the Human Rights Code, and the applicant failed to provide a good faith explanation for the delay.
Claim for weekly disability benefits dismissed due to pre-existing conditions; $175 awarded for damaged clothing.
The applicant was injured in a motor vehicle accident and sought weekly disability benefits and reimbursement for damaged clothing under the Statutory Accident Benefits Schedule.
The arbitrator found that the applicant's pre-existing heart condition and limited pre-accident activities meant she did not suffer a complete inability to lead a normal life as a result of the accident.
The claim for weekly disability benefits was dismissed.
The arbitrator awarded $175 for damaged clothing, finding insufficient evidence to support the $4,170 claimed for wholesale replacement.