G.P. and Wawanesa Insurance Company– [2009] O.F.S.C

Personal injury Lawyer(s):

This case brought before the Financial Services Commission of Ontario involved the improper denial of accident benefits including income replacement benefits and medical and rehabilitation benefits.

Geoffroy Pavillet convinced the Arbitrator that Wawanesa Insurance had acted improperly in reaching its determination. The decision reads that in the face of considerable evidence to the contrary it was not reasonable for Wawanesa Insurance to rely selectively on the Insurer’s Examinations of health practitioners who ignored or downplayed his client’s pain complaints.

It was also agreed that the insurer’s behaviour imposed unnecessary financial uncertainty and hardship on G.P., which it had sufficient information to have foreseen. In addition to obtaining the retroactive reinstatement of income replacement benefits with interest and the payment of multiple medical benefits, Wawanesa was ordered to pay G.P. a Special Award.

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