Anne Sone is a arbitrator at the Ontario Financial Services Commission - Dispute Resolution Services with 99 decisions on record from 2000 to 2020. Key areas include statutory accident benefits schedule matters (sabs), other tribunals, administrative law.

What tribunal does Anne Sone sit on?

Anne Sone sits on the Ontario Financial Services Commission - Dispute Resolution Services.

What areas of law does Anne Sone decide?

Anne Sone's most common areas include Statutory Accident Benefits Schedule matters (SABS) (98 decisions), Other Tribunals (28 decisions), Administrative Law (1 decisions). Anne Sone has handled 99 decisions across 6 areas.

How many decisions has Anne Sone made?

Anne Sone has 99 decisions on record from 2000 to 2020.

Who frequently appears before Anne Sone?

Representatives who frequently appear before Anne Sone include David Murray, J. Claude Blouin, Neil Colville-Reeves.

Anne Sone — Arbitrator

Bhupinder Singh Grewal v. AIG Commercial Insurance Company of Canada, 2020 ONFSCDRS 14

Applications to vary arbitration decisions dismissed as proposed new evidence could have been obtained earlier.

The applicant and the insurer both applied to vary previous arbitration decisions based on alleged new evidence.

The applicant sought to vary a decision denying him income replacement, attendant care, and housekeeping benefits, relying on new medical reports and the testimony of an occupational therapist.

The Director's Delegate dismissed the applicant's application, finding that the evidence could have been obtained prior to the original hearing with due diligence and would not have led to a different result, particularly given the applicant's credibility issues and surveillance evidence showing him performing activities he claimed he could not do.

The insurer's application to vary a decision regarding the cost of a treatment plan based on a discount was also dismissed, as the insurer failed to prove the evidence could not have been obtained prior to the hearing.

OFSCDRSJun 15, 2020

Jose Arana Retana v. Coachman Insurance Company, 2020 ONFSCDRS 3

Accident benefits claims dismissed as applicant's impairments were caused by a pre-existing workplace injury, not the motor vehicle accidents.

The applicant sought statutory accident benefits following two minor motor vehicle accidents in 2011 and 2012.

He had previously suffered a severe workplace injury in 2002, resulting in chronic pain and psychological impairments.

The arbitrator found the applicant's evidence lacked credibility, largely due to extensive surveillance showing him performing activities he claimed he could not do, and his failure to disclose his pre-existing conditions to his assessors.

Applying the 'but for' test for causation, the arbitrator concluded that the applicant's impairments were solely attributable to his 2002 workplace injury and that he suffered no verifiable decline in function following the motor vehicle accidents.

All claims for non-earner benefits, attendant care benefits, medical benefits, and cost of examinations were dismissed.

OFSCDRSFeb 24, 2020

Madinei v. TD General Insurance Company, 2019 ONFSCDRS 43

Applicant ordered to repay $3,478.19 in statutory accident benefits received for a staged collision.

The applicant was previously found to have participated in a staged motor vehicle accident.

The matter was returned to arbitration to determine the quantum of statutory accident benefits the applicant was required to repay to the insurer.

The arbitrator reviewed the evidence of payments made directly to the applicant for housekeeping, prescription medication, and attendant care.

The arbitrator ordered the applicant to repay $3,478.19 to the insurer, excluding a vehicle indemnity payment which fell outside the scope of statutory accident benefits.

OFSCDRSNov 28, 2019

Maryam Alizadeh-Ebadi v. TD General Insurance Company, 2019 ONFSCDRS 42

Applicant ordered to repay $9,530.17 in statutory accident benefits received for a staged collision.

The applicant applied for statutory accident benefits following a motor vehicle collision.

In a previous arbitration and appeal, it was determined that the collision was staged, and the matter was returned to arbitration to determine the amount of benefits the applicant was required to repay to the insurer.

The applicant did not participate in the hearing.

Based on the insurer's evidence of cheques issued and cashed, the arbitrator ordered the applicant to repay $9,530.17 to the insurer.

OFSCDRSNov 28, 2019

Bhupinder Singh Grewal v. AIG Commercial Insurance Company of Canada, 2019 ONFSCDRS 40

Motion to admit fresh evidence in a Variation proceeding denied for lack of relevance.

The appellant brought a motion to admit an occupational therapy assessment report as fresh evidence in a Variation proceeding.

The report had been commissioned by the respondent to assess the reasonableness of ongoing benefits and was disclosed to the appellant in a separate proceeding.

The Director's Delegate denied the motion, finding that the report did not address any of the issues that were before the arbitrator in the original 2014 arbitration decision, and was therefore not relevant to the Variation proceeding.

OFSCDRSNov 18, 2019

Yeshitla Dadi v. Aviva Canada Inc., 2019 ONFSCDRS 36

Applicant awarded $12,037.37 in arbitration expenses after achieving greater success and insurer ignored settlement offers.

Following an arbitration decision regarding statutory accident benefits where the applicant achieved a greater degree of success, the applicant sought expenses.

The arbitrator considered the criteria under the Insurance Act and the Dispute Resolution Practice Code, noting the insurer's failure to respond to settlement offers and refusal to engage in settlement discussions.

The arbitrator awarded the applicant expenses fixed at $12,037.37, inclusive of fees, disbursements, and HST.

OFSCDRSJul 24, 2019

Anthonidas Aloysius v. Royal & SunAlliance Insurance Company of Canada, 2019 ONFSCDRS 28

Applicant awarded $46,890.88 in arbitration expenses after achieving greater overall success in statutory accident benefits dispute.

The applicant sought expenses following an arbitration regarding statutory accident benefits arising from three motor vehicle accidents.

The arbitrator found that the applicant was more successful overall, having been deemed catastrophically impaired and awarded housekeeping benefits, despite mixed success on other issues.

The arbitrator awarded the applicant his expenses, applying a 3:1 ratio for preparation to hearing time, reduced by 20% to reflect the mixed success.

The insurer was ordered to pay $46,890.88 inclusive of fees, disbursements, and HST.

OFSCDRSMay 31, 2019

Neal Ryan v. Intact Insurance Company, 2019 ONFSCDRS 19

Application for accident benefits dismissed after the applicant failed to appear at the hearing.

The applicant applied for statutory accident benefits following an alleged motor vehicle accident.

The matter proceeded to a preliminary issue hearing to determine whether the incident constituted an 'accident' under the Statutory Accident Benefits Schedule.

The applicant's legal representatives withdrew from the record on the day of the hearing, and the applicant failed to appear.

The arbitrator dismissed the application due to the applicant's failure to attend and prove his case.

The applicant was ordered to pay $1,500 in expenses to the insurer.

OFSCDRSMay 1, 2019

Neal Ryan v. Intact Insurance Company, 2019 ONFSCDRS 20

Motion by applicant's counsel to withdraw as representative granted due to loss of contact.

The applicant's representatives brought a motion to withdraw as solicitors of record in a statutory accident benefits dispute.

The representatives demonstrated that they had made numerous unsuccessful attempts to contact the applicant and had been unable to obtain instructions for the upcoming preliminary issue hearing.

The arbitrator found that there had been a complete breakdown in the solicitor-client relationship and granted the motion to withdraw.

OFSCDRSMay 1, 2019

S.P. v. Unifund Assurance Company, 2019 ONFSCDRS 15

Insurer awarded $10,082.68 in arbitration expenses after successfully defending against statutory accident benefits claims.

Following an arbitration where the insurer was entirely successful in dismissing the applicant's claims for statutory accident benefits, the insurer sought its expenses.

The arbitrator considered the criteria under Ontario Regulation 664, noting the insurer's complete success and the applicant's rejection of a $2,500 settlement offer.

The arbitrator awarded the insurer its expenses, reducing the claimed preparation time to a 2:1 ratio relative to the 25 hours of hearing time, and disallowing the cost of a court reporter.

The applicant was ordered to pay the insurer $10,082.68 in expenses.

OFSCDRSApr 10, 2019

Fernando Vega v. Certas Direct Insurance Company, 2019 ONFSCDRS 13

Insurer awarded $21,387.48 in expenses after successfully defending against statutory accident benefits claims.

The applicant was injured in a motor vehicle accident and his claims for statutory accident benefits were dismissed in a prior arbitration decision.

In this subsequent decision on expenses, the insurer sought its costs of the proceeding.

The arbitrator found the insurer was entirely successful and therefore entitled to its expenses.

Applying a 2:1 ratio for preparation to hearing time, and allowing disbursements for expert witnesses while disallowing conduct money for uncalled witnesses and court reporter fees, the arbitrator ordered the applicant to pay the insurer's expenses fixed at $21,387.48.

OFSCDRSMar 11, 2019

Gurprit Cheema v. TD General Insurance Company, 2019 ONFSCDRS 5

Insurer awarded $27,425.82 in expenses after successfully defending the majority of an accident benefits claim.

Following an arbitration and a subsequent application for variation/revocation regarding statutory accident benefits, the arbitrator determined the issue of expenses.

The insurer was almost entirely successful in the arbitration and entirely successful in the variation/revocation application.

The arbitrator awarded the insurer its expenses, fixing the amount at $27,425.82 inclusive of fees, HST, and disbursements, after assessing the reasonableness of the claimed preparation time and expert witness fees.

OFSCDRSFeb 8, 2019

Segrid Cumberbatch v. Guarantee Company of North America, 2018 ONFSCDRS 159

Applicant awarded $51,679.28 in expenses following successful catastrophic impairment arbitration.

Following a determination that the applicant was catastrophically impaired as a result of a motor vehicle accident, the applicant sought her expenses for the arbitration hearing.

The arbitrator found the applicant was entirely successful and entitled to her expenses.

After reviewing the claimed fees and disbursements, including expert witness fees and preparation time, the arbitrator awarded the applicant $51,679.28 inclusive of fees, disbursements, and HST.

OFSCDRSDec 28, 2018

Herby Graveline v. Intact Insurance Company, 2018 ONFSCDRS 155

Insurer awarded $16,700.58 in arbitration expenses after self-represented applicant's conduct substantially prolonged the hearing.

The insurer sought its expenses following an arbitration where it was entirely successful in defending against the applicant's claim for non-earner benefits.

The arbitrator found that the self-represented applicant's conduct had substantially prolonged the hearing, requiring five days of testimony without relevant supporting evidence, and causing the insurer to cancel its expert witnesses twice.

The arbitrator awarded the insurer its expenses, fixing the amount at $16,700.58, inclusive of fees, disbursements, and HST.

OFSCDRSNov 27, 2018

Ana Vicente v. Wawanesa Mutual Insurance Company, 2018 ONFSCDRS 140

Applicant removed from Minor Injury Guideline due to compelling evidence of pre-existing spinal conditions.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits for chiropractic and physical therapy.

The insurer denied the treatment plan, arguing the applicant's injuries fell within the $3,500 limit of the Minor Injury Guideline (MIG).

The arbitrator found that while the applicant's impairments were predominantly minor injuries, she had documented pre-existing conditions, including scoliosis and degenerative disc disease, that constituted compelling evidence she could not achieve maximal recovery within the MIG limits.

The arbitrator ordered the insurer to pay the $3,487.60 treatment plan plus interest.

OFSCDRSAug 24, 2018

Claudine Markland v. Allstate Insurance Company of Canada, 2018 ONFSCDRS 117

Applicant awarded reduced expenses after settling statutory accident benefits dispute prior to arbitration hearing.

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

The parties settled the substantive issues prior to the arbitration hearing but could not agree on expenses.

The applicant sought expenses for preparation, including time spent investigating the insurer's assessors and alleging unfair practices.

The insurer argued these actions were unnecessary and unrelated to the disputed issues.

The arbitrator found the applicant was entitled to expenses as she was successful in the settlement, but reduced the claimed amount because the case did not proceed to a hearing and some time was spent on systemic issues rather than the specific dispute.

The arbitrator awarded $3,000 for fees and $3,294.49 for disbursements.

OFSCDRSJun 18, 2018

Adele Lutzer v. Guarantee Company of North America, 2018 ONFSCDRS 16

Section 12(5) of the SABS is insulated from review under the Human Rights Code.

The applicant was injured in a motor vehicle accident and applied for a non-earner benefit.

A preliminary issue hearing was held to determine whether section 12(5) of the Statutory Accident Benefits Schedule, which applies age distinctions to non-earner benefits, is insulated from review under the Human Rights Code.

The arbitrator applied the modern approach to statutory interpretation and found that the Legislature intended the age distinctions in sections 8 and 9 to apply to non-earner benefits under section 12(5).

Furthermore, section 22 of the Human Rights Code protects age discrimination in automobile insurance contracts.

The arbitrator concluded that section 12(5) is insulated from review under the Human Rights Code and ordered the parties to bear their own expenses.

OFSCDRSJan 17, 2018

Nargis Zaidi Mann v. TD Home and Auto Insurance Company, 2017 ONFSCDRS 331

Representative permitted to withdraw due to breakdown in solicitor-client relationship; motion record sealed.

OFSCDRSDec 15, 2017

Luciano Baglione v. Wawanesa Mutual Insurance Company, 2017 ONFSCDRS 313

Arbitration proceeding for accident benefits dismissed due to applicant's failure to attend assessments and respond.

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

After failing to attend a pre-hearing and numerous assessments, the arbitrator ordered the applicant to attend an in-home assessment.

The applicant failed to do so and ignored subsequent production requests and notices of resumption of the pre-hearing.

The arbitrator issued a notice of intention to dismiss the proceeding.

The applicant's counsel confirmed they had no response.

The arbitrator dismissed the proceeding without a hearing under Rule 68.1 of the Dispute Resolution Practice Code, finding it frivolous, vexatious, or commenced in bad faith due to the applicant's failure to pursue the claim.

OFSCDRSNov 22, 2017

Jennifer Angelica Baglione v. Wawanesa Mutual Insurance Company, 2017 ONFSCDRS 312

Arbitration proceeding dismissed without a hearing due to applicant's failure to attend assessments and respond.

The Applicant applied for statutory accident benefits following a motor vehicle accident.

After failing to attend a pre-hearing and numerous assessments, the insurer requested the case be dismissed.

The Arbitrator issued a notice of intention to dismiss the proceeding under Rule 68.1 of the Dispute Resolution Practice Code.

The Applicant failed to respond or engage meaningfully in the arbitration.

Consequently, the Arbitrator dismissed the proceeding without a hearing, finding it to be frivolous, vexatious, or commenced in bad faith.

OFSCDRSNov 22, 2017

Bhupinder Singh Grewal v. AIG Commercial Insurance Company of Canada, 2020 ONFSCDRS 14

Jose Arana Retana v. Coachman Insurance Company, 2020 ONFSCDRS 3

Madinei v. TD General Insurance Company, 2019 ONFSCDRS 43

Maryam Alizadeh-Ebadi v. TD General Insurance Company, 2019 ONFSCDRS 42

Bhupinder Singh Grewal v. AIG Commercial Insurance Company of Canada, 2019 ONFSCDRS 40

Yeshitla Dadi v. Aviva Canada Inc., 2019 ONFSCDRS 36

Anthonidas Aloysius v. Royal & SunAlliance Insurance Company of Canada, 2019 ONFSCDRS 28

Neal Ryan v. Intact Insurance Company, 2019 ONFSCDRS 19

Neal Ryan v. Intact Insurance Company, 2019 ONFSCDRS 20

S.P. v. Unifund Assurance Company, 2019 ONFSCDRS 15

Fernando Vega v. Certas Direct Insurance Company, 2019 ONFSCDRS 13

Gurprit Cheema v. TD General Insurance Company, 2019 ONFSCDRS 5

Segrid Cumberbatch v. Guarantee Company of North America, 2018 ONFSCDRS 159

Herby Graveline v. Intact Insurance Company, 2018 ONFSCDRS 155

Ana Vicente v. Wawanesa Mutual Insurance Company, 2018 ONFSCDRS 140

Claudine Markland v. Allstate Insurance Company of Canada, 2018 ONFSCDRS 117

Adele Lutzer v. Guarantee Company of North America, 2018 ONFSCDRS 16

Nargis Zaidi Mann v. TD Home and Auto Insurance Company, 2017 ONFSCDRS 331

Luciano Baglione v. Wawanesa Mutual Insurance Company, 2017 ONFSCDRS 313

Jennifer Angelica Baglione v. Wawanesa Mutual Insurance Company, 2017 ONFSCDRS 312

appearing for Mr. Alvaro

Applicant

for AIG

for AIG Insurance Company of Canada

for Alexanian Law Firm

for Allstate Insurance Company of Canada

for Aviva Canada Inc.

for Aviva Canada Inc. (formerly CGU Group)

for Awil Moalin Ahmed

for Belair Insurance Company Inc.

for CAA Insurance Company (Ontario)

for Certas Direct Insurance Company

for CGU Insurance Company of Canada

for CIBC General Insurance Company

for CIBC Insurance

for Coachman Insurance Company

for Dominion of Canada General Insurance Company

for Economical Mutual Insurance Company

for Fariba Baradaran

for Gore Mutual Insurance Company

for Guarantee Company of North America

for Hajio Elmi

for himself

for ING Insurance Company of Canada

for Intact Insurance Company

for J.K.

for Kingsway General Insurance Company

for Mazin Rooz Mazin

for Motor Vehicle Accident Claims MVAC Fund

for Moustafa Abdala-Amin

for Mr. Ahmed

for Mr. Aloysius

for Mr. Amini

for Mr. Arumugam

for Mr. Ayoub

for Mr. Baglione

for Mr. Bolger

for Mr. Chau

for Mr. Dadi

for Mr. Ellen

for Mr. El-Sisi

for Mr. Facey

for Mr. Grewal

for Mr. Herczog

for Mr. Horne

for Mr. Keffer

for Mr. Kilby

for Mr. King

for Mr. Kovac

for Mr. Mapletoft

for Mr. Mizzi

for Mr. Mohammed-Amin

for Mr. Mohamud

for Mr. Phou

for Mr. Point De Jour

for Mr. Randhawa

for Mr. Retana

for Mr. Rozmerets

for Mr. Ryan

for Mrs. Anton