Yasar Saffie

The applicant sought income replacement benefits (IRBs) for a one-month period during which she returned to work on modified hours following a motor vehicle accident.

The insurer had terminated IRBs based on insurer examinations concluding the applicant did not suffer a substantial inability to perform her pre-accident employment.

The Tribunal found the insurer's medical evidence more persuasive than the applicant's family doctor's records, noting the applicant had successfully returned to full-time work.

The Tribunal dismissed the claim for IRBs and interest, and denied the insurer's request for costs.

The law firm representing the family members of a deceased insured person in a claim for death benefits brought a motion to withdraw as counsel due to a breakdown in the solicitor-client relationship.

The insurer brought a motion to stay the arbitration until the claimants produced documents proving their financial dependency.

The arbitrator granted the law firm's motion to withdraw, finding that they were unable to obtain meaningful instructions from the claimants.

The arbitrator also granted the insurer's motion to stay the proceedings until the required documents were produced.

The arbitrator clarified that the family members were not required to pursue their claims through the deceased's estate, as they were considered 'insured persons' under the Insurance Act for the purpose of claiming death benefits.