Anne Morris

The applicant sought statutory accident benefits following a motor vehicle accident.

At the arbitration hearing, the applicant failed to appear.

Her legal representatives brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, having lost contact with the applicant.

The arbitrator granted the motion to remove the representatives.

As the applicant failed to appear or present any evidence to support her claims, the application for arbitration was dismissed.

The insurer was awarded $750 in expenses.

Following a successful arbitration for statutory accident benefits, the applicant sought expenses of $22,076.18.

The insurer disputed the quantum.

The arbitrator reviewed the claimed legal fees and disbursements, reducing the hourly rate to the Legal Aid rate and disallowing administrative tasks.

The arbitrator also disallowed expert witness fees for a chiropractor and a social emotional assessor, finding their evidence unnecessary or irrelevant, but allowed the fees for the applicant's family doctor.

The applicant was awarded $7,704.47 in total expenses.

The applicant, who was injured in a motor vehicle accident, sought an interim award of expenses under s. 282(11.1) of the Insurance Act to cover the cost of two catastrophic assessment reports.

The arbitrator applied the three-part test from Bernicky, finding that while the issue was bona fide and the reports were necessary for the arbitration, the applicant failed to demonstrate an inability to carry the expenses.

The applicant provided only a bald assertion of inability to pay, while evidence showed she owned a home, maintained her real estate license, and received CPP payments.

The motion for interim expenses was dismissed.

The applicant was injured in a motor vehicle accident and sought accident benefits from the insurer.

After a breakdown in the solicitor-client relationship, the applicant's representative was removed from the record.

The applicant subsequently failed to attend the scheduled arbitration hearing and did not respond to the arbitrator's notice regarding the insurer's request to dismiss the application.

The arbitrator concluded that the applicant had abandoned her claim, rendering the proceeding frivolous and vexatious.

The application for arbitration was dismissed pursuant to Rule 68 of the Dispute Resolution Practice Code, and the applicant was ordered to pay $500 in expenses to the insurer.

The applicant was injured in a motor vehicle accident and sought accident benefits, including an attendant care assessment and a psychological assessment.

The insurer initially denied the assessments on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and there was insufficient medical documentation.

The arbitrator found that the applicant had compelling pre-existing conditions, including a prior brain injury and psychiatric diagnoses, which took him outside the MIG.

The arbitrator held that the requested assessments were reasonable and necessary to determine the applicant's entitlement to benefits.

Furthermore, the arbitrator ordered the insurer to pay a special award of $1,083.42, finding that the insurer had unreasonably delayed and withheld payments despite having sufficient information about the pre-existing conditions early on.

The applicant was injured in a motor vehicle accident and elected to receive caregiver benefits instead of income replacement benefits.

The insurer terminated the caregiver benefits in December 2008.

In 2011, the applicant sought income replacement benefits, arguing her initial election was invalid because the insurer failed to provide required information under the Statutory Accident Benefits Schedule.

The arbitrator found that while the initial election was invalid, the insurer's 2008 refusal of income replacement benefits was clear and unequivocal, triggering the two-year limitation period.

As the applicant did not seek mediation until 2013, the application for arbitration was dismissed as time-barred.

The applicants were injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer denied various benefits, and the applicants subsequently applied for arbitration.

The insurer raised a preliminary issue that the applications for arbitration were statute-barred because they were commenced more than two years after the insurer's refusal to pay the benefits.

The arbitrator found that the insurer's denials were clear and unequivocal, constituting valid refusals that triggered the limitation periods.

As the applicants failed to commence mediation or arbitration within the two-year limitation periods, their claims for caregiver, attendant care, and housekeeping benefits were dismissed as statute-barred.

One applicant was permitted to proceed to arbitration solely on medical/rehabilitation benefits.

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

The insurer stopped the benefits and sent multiple Explanation of Benefits (OCF-9) forms.

The insurer argued the applicant's claim for arbitration was statute-barred as it was commenced more than two years after the refusal.

The arbitrator found that the insurer's refusal was not clear and unequivocal, as it emphasized the rebuttal process without adequately informing the applicant of other dispute resolution steps like mediation and arbitration.

Therefore, the limitation period was not triggered, and the applicant's claim was not statute-barred.

The applicant sought statutory accident benefits following a motor vehicle accident.

After failing to attend a scheduled pre-hearing discussion, the applicant was provided notice of an arbitration hearing.

The applicant failed to attend the arbitration hearing and presented no evidence to support the claims.

The arbitrator dismissed the application for arbitration and ordered the applicant to pay $750 in expenses to the insurer as the successful party.

The applicant claimed statutory accident benefits following a motor vehicle accident.

After the insurer terminated certain benefits, the applicant applied for arbitration.

The applicant's representative was removed from the record due to a breakdown in the relationship and an inability to receive instructions.

The applicant subsequently failed to participate in the proceedings or respond to communications from the arbitrator.

The insurer brought a motion to dismiss the application.

The arbitrator dismissed the application as frivolous or vexatious under Rule 68 of the Dispute Resolution Practice Code due to the applicant's non-participation, and ordered the applicant to pay $1,500 in expenses to the insurer.

The applicant sought statutory accident benefits following a motor vehicle accident.

At the arbitration hearing, the applicant failed to attend.

The applicant's legal representatives brought a motion to withdraw as counsel due to a breakdown in the solicitor-client relationship, which was granted.

Because the applicant did not appear and presented no evidence to support his claims, his application for benefits was dismissed.

The applicant was ordered to pay the insurer's expenses in the amount of $1,750.

The claimant applied for statutory accident benefits following a motor vehicle accident and subsequently initiated arbitration after the insurer terminated certain benefits.

The claimant's legal counsel withdrew due to an inability to communicate with her, and the claimant failed to participate in multiple pre-hearing discussions or respond to communications from the arbitrator.

The insurer brought a motion to dismiss the arbitration pursuant to Rule 68 of the Dispute Resolution Practice Code.

The arbitrator found that the claimant's failure to participate rendered the proceeding frivolous and vexatious, dismissed the application, and ordered the claimant to pay the insurer's expenses of $1,414.08.

The applicant claimed statutory accident benefits following a motor vehicle accident.

The applicant failed to attend the arbitration hearing.

As the applicant bore the onus of proving entitlement to the benefits and presented no evidence, the arbitrator dismissed the claims.

The insurer was awarded $1,750 in expenses due to the applicant's failure to participate in the pre-hearing process and the hearing.

The applicant failed to attend a preliminary issue hearing regarding his claim for statutory accident benefits.

His legal representatives sought to withdraw from the record due to a breakdown in the solicitor-client relationship and an inability to obtain instructions.

The arbitrator granted the request to withdraw, dismissed the application for arbitration due to the applicant's failure to attend and present evidence, and ordered the applicant to pay the insurer's expenses of $887.32.