The Fund sought repayment of IRBs and medical benefits, arguing that the claimant was not employed at the time of the accident and was not involved in a motor vehicle accident as claimed. Adjudicator Makhamra accepted that the claimant had committed a wilful misrepresentation. A few years after initially making the accident benefits claim, the claimant had been involved as a witness in the criminal trial of other individuals allegedly involved in the accident. Justice MacDonnell found that the claimant was not struck by a motor vehicle, as alleged. It was also found that the claimant had committed perjury and obstruction of justice. Adjudicator Makhamra accepted the findings from the Court, as well as an earlier FSCO arbitration regarding entitlement to IRBs, and ordered that the claimant repay all accident benefits paid to him.
