Ms. Aliza Karoly for S.P.
Mr. Harry Brown for RBC General Insurance Company
At an earlier time in the Applicant’s claim, the Insurer’s lawyer stated the “Applicant looked too pretty to be sick.”…
The Insurer questioned the Applicant as to some photographs that she was in. As part of the Insurer’s evidence, it produced pictures of a Toronto Sun Sunshine girl posing in a costume. The Insurer asked the Applicant how she was able to pose for pictures as part of a Sunshine Girl photoshoot while she claimed to be suffering from the medical issues. The Applicant replied much to the surprise of Insurer’s counsel that it was not her in these pictures, it was another girl. At the same time that this revelation took place, it was noted that Insurer’s counsel, Mr. Brown, swore an affidavit affirming this Sunshine girl to be the Applicant when it was proven to be someone else. This photo and others that were not of the Applicant were sent to many witnesses as evidence, when in fact it was not the Applicant in the pictures.[4]….
Further, the conduct and borderline harassment demonstrated by the Insurer as it related to some witnesses that the Insurer called is rarely ever seen. The Insurer had its investigator attempt to serve witnesses in a hostile and confrontational manner, including threatening to have witnesses arrested if they did not comply with their summons. In addition, the Insurer used photocopied pre-signed summonses to serve individuals, which did not afford an Arbitrator or FSCO the opportunity to oversee who was being summonsed and why. It left the Insurer with unchecked power in which it overstepped its bounds on numerous occasions. Insurer’s counsel misled the court when requesting a bench warrant and stated before the court that a witness failed to attend this Hearing when in fact Mr. Brown knew that this was false.