Marfo et al v. Pafco Insurance Company, FSCO A12003055 and A12-005351

Heard November 11-13, 2015 | Full Decision [Document Bank]

This Preliminary Issue hearing considered whether the applicants were involved in a collision, and subsequently misrepresented the facts to Pafco. The police officer who investigated this collision wrote ‘Possible Staged Collision’ on the police report based primarily on the attendance of a ‘known’ tow truck company at the scene. The arbitrator was tasked with first considering whether a collision had in fact occurred within the SABS definition of accident.  He determined that a collision had in fact occurred between the two vehicles. Having made that determination, the onus shifted to the insurer to prove the allegation of misrepresentation in order to justify the non-payment of benefits under section 233 (1) of the Insurance Act.

Counsel for the Insurer argued that the accident could not have occurred in the way that applicant described it, that he changed his story and was inconsistent. The arbitrator found that the evidence in support of the Insurer’s allegation of misrepresentation was circumstantial and based on the assumptions made by the investigating officer.  They failed to discover any connection between the Applicants and anyone in the other vehicle. The arbitrator found that the insurer had not discharged its burden of proof and was not justified in denying benefits.

Read the full decision on the OTLA Document Bank

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Jan received her Bachelor of Arts (Honors) in Development Studies from Huron University College at the University of Western Ontario in 2005 and her J.D. from Western's Law School in 2009. While attending law school, Jan volunteered with the school's Community Legal Clinic and Pro-Bono Students Canada. She also participated in an international exchange program at ESADE in Barcelona where she studied both International and European Union law.

Before joining Gluckstein Personal Injury Lawyers, Jan completed her articles at a prominent personal injury firm. She was called to the bar in June 2010.

Jan's personal injury practice is dedicated to medical negligence.

When not practicing law, Jan enjoys travelling, playing soccer and volleyball.