Dalinda Borja v. TTC Insurance Company

Ms. Borja was injured getting off a TTC bus. The TTC tried to prevent her from proceeding to arbitration because she did not attend a number of medical assessments that they had arranged. While the law states that an insured is not allowed to proceed to arbitration if they refuse to attend certain assessments, Ms. Campbell successfully argued that because the TTC did not follow the procedures required by the law, thus Ms. Borja had no obligation to attend the assessments. The Arbitrator agreed with Ms. Campbell and ruled that Ms. Borja could proceed with the arbitration. Subsequently the TTC paid all the benefits Ms. Borja claimed, including interest and expenses.

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