Anita Idemudia

The applicants brought a motion to remove the insurer's counsel of record, arguing that a lawyer at the firm participated in preparing the report to the insurer's denial committee and acted as a claims investigator, thereby creating a conflict of interest and making the lawyer a potential witness.

The arbitrator dismissed the motion, finding insufficient evidence of a conflict of interest or personal financial benefit.

The arbitrator held that the lawyer's actions were consistent with the duties of a solicitor in a typical accident benefits matter and that solicitor-client privilege protected the communications.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

Both parties brought motions for the production of documents.

The insurer sought an order compelling a non-party, the Ministry of Community and Social Services, to produce the applicant's Ontario Disability Support Program (ODSP) file.

The applicant did not oppose this motion, and the arbitrator granted it, finding the file relevant to the applicant's ongoing health and disability status.

The applicant sought an order compelling the insurer to produce its adjuster's log notes relating to catastrophic impairment from 2006 to 2016.

The arbitrator granted the motion in part, ordering production of the notes for a reasonable period of one year prior to the receipt of the first catastrophic impairment assessments, rather than back to the date of the accident.

The applicant sought accident benefits following a motor vehicle accident.

At a preliminary issue hearing, the insurer sought to introduce examination under oath (EUO) transcripts of the other driver and his passengers, who failed to attend the hearing despite being summoned.

The applicant brought a motion to exclude the transcripts, arguing that admitting them without an opportunity for cross-examination violated the rule in Browne v. Dunn.

The arbitrator dismissed the motion, holding that under the Statutory Powers Procedure Act and the Dispute Resolution Practice Code, the tribunal has broad discretion to admit evidence.

The failure to cross-examine the witnesses goes to the weight of the evidence rather than its admissibility.

The insurer brought a motion for the production of clinical notes and records from the applicant's treating psychologist and records from the Children's Aid Society.

The applicant, a minor claiming statutory accident benefits for psychological impairment, opposed the production.

The arbitrator granted the motion, finding that the psychologist's records were prima facie relevant to the psychological impairment claim and that the probative value outweighed potential prejudice.

The arbitrator also ordered the production of the Children's Aid Society records, as they were relevant to determining whether concurrent family issues contributed to the applicant's mental distress.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

Following a preliminary issue hearing where the applicant was precluded from proceeding to arbitration, the insurer sought its expenses.

The arbitrator found that the insurer was entirely successful and that the applicant had rejected a reasonable offer to settle.

The arbitrator awarded the insurer its expenses, fixing the amount at $1,590.68, inclusive of fees, disbursements, and taxes, after adjusting the hourly rate and disallowing court reporter fees and the insurer assessment fee.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

The insurer denied treatment plans for physiotherapy and a functional abilities evaluation, arguing the injuries fell within the Minor Injury Guideline.

Just prior to the arbitration hearing, the insurer approved the treatment plans with interest.

The applicant sought a special award under s. 282(10) of the Insurance Act for unreasonable delay.

The arbitrator found that the insurer unreasonably withheld benefits by failing to provide complete medical information to its assessors and selectively relying on reports that supported termination.

A special award of $2,510.98, representing 25% of the entitled amount, was ordered.

The applicant withdrew her application for arbitration for statutory accident benefits.

The insurer sought its expenses for the proceeding.

The arbitrator permitted the withdrawal and awarded the insurer $2,269.23 in expenses, finding that the applicant's failure to promptly inform the insurer of the withdrawal caused unnecessary preparation costs.

The insurer's claimed costs of over $11,000 were reduced as excessive and disproportionate.

The applicant was involved in a motor vehicle accident and applied for arbitration regarding accident benefits.

The applicant passed away shortly after mediation.

Despite numerous adjournments over two years to allow the applicant's family to appoint an estate trustee, no steps were taken.

The insurer requested the application be dismissed.

The arbitrator dismissed the application under Rule 68.1 of the Dispute Resolution Practice Code, finding that the failure to advance the claim rendered it vexatious and caused an onerous effect on the insurer.

The insurer brought a motion to compel a non-party employer, #1 Halal Pizza, to produce the applicant's employment file.

The applicant did not oppose the motion.

The arbitrator found that the employment file was reasonably required to ensure a just and fair hearing, that reasonable efforts had been made to obtain it, and that the employer had failed to respond despite having a reasonable opportunity.

The motion was granted, and the insurer was permitted to rely on the documents even if produced after the standard deadlines.