Anne Sone

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

After failing to attend a scheduled pre-hearing discussion and failing to maintain contact with her representatives, the Arbitrator issued a notice of intent to dismiss the proceeding.

The Applicant did not respond to the notice, failed to attend the resumed pre-hearing, and did not provide an updated address.

The Arbitrator dismissed the Application for Arbitration as frivolous, vexatious, or commenced in bad faith under Rule 68 of the Dispute Resolution Practice Code.

The insurer brought an application to vary an arbitration order to permit the deduction of Canada Pension Plan (CPP) disability benefits received by the insured from the income replacement benefits to which he was entitled.

The insured had begun receiving CPP disability benefits part-way through the original arbitration hearing but failed to disclose this to the insurer or the arbitrator.

The arbitrator found that the undisclosed receipt of CPP disability benefits constituted evidence that was not available on the arbitration but had since become available.

The application was granted, and the previous order was varied to allow the insurer to deduct the CPP disability benefits previously received by the insured.

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

The matter proceeded to an arbitration hearing, but the applicant failed to attend or communicate with his legal representative.

At the hearing, the applicant's representative brought a motion to withdraw due to a complete breakdown in the solicitor-client relationship, which the arbitrator granted.

The insurer subsequently moved to dismiss the arbitration proceeding.

The arbitrator dismissed the proceeding, finding that the applicant had abandoned the matter.

The insurer was awarded $2,293.48 in expenses for legal fees and disbursements, though its request for a refund of the arbitration filing fee was denied for lack of jurisdiction.

The applicant was injured in a motor vehicle accident and subsequently died intestate.

His legal counsel filed an Application for Arbitration for statutory accident benefits after his death, without mentioning the death.

The insurer argued the application was a nullity because the lawyer's authority terminated upon the applicant's death.

The arbitrator found that because the applicant's widow was subsequently appointed as Litigation Administrator by the Superior Court of Justice specifically to continue the arbitration, the defect could be cured.

Using discretion under the Dispute Resolution Practice Code, the arbitrator ruled the application was not a nullity and allowed the arbitration to proceed.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including caregiving, attendant care, and housekeeping.

The insurer scheduled section 42 insurer's examinations to assess her ongoing entitlement.

The applicant refused to attend, stating she was exhausted and felt she would not meet the disability tests.

The insurer suspended her benefits.

In a preliminary issue hearing, the arbitrator found that the applicant failed to attend the scheduled examinations without a reasonable explanation.

Consequently, the applicant is precluded from seeking entitlement to those benefits during the period of non-compliance.

The applicant's representative brought a motion to be removed as solicitor of record due to a complete breakdown in the solicitor-client relationship, citing the applicant's failure to respond to numerous communications and attend scheduled pre-hearings.

The arbitrator granted the motion, finding that the representative had complied with the Dispute Resolution Practice Code requirements for withdrawal.

The applicant claimed statutory accident benefits following a motor vehicle accident and applied for arbitration.

The applicant's legal representatives brought a motion to withdraw as counsel of record due to a breakdown in the solicitor-client relationship, as the applicant had moved to Vietnam and ceased communicating with them.

The insurer brought a cross-motion to dismiss the application for arbitration due to the applicant's failure to attend pre-hearings.

The arbitrator granted the representatives' motion to withdraw and dismissed the application for arbitration as frivolous, vexatious, or commenced in bad faith due to abandonment.

The insurer was awarded $750 in expenses.

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

Her legal representatives brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, citing the applicant's failure to respond to communications and attend a pre-hearing.

The arbitrator granted the motion, finding that the representatives had complied with the Dispute Resolution Practice Code and that the breakdown in the relationship made it impossible to obtain the applicant's consent.

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

After her representative withdrew, the applicant failed to attend the scheduled peremptory hearing despite receiving numerous notices.

The arbitrator dismissed the application, finding that the applicant had abandoned her claim.

The insurer was awarded $1,703.62 in expenses due to its complete success and the applicant's failure to cooperate or advise of her non-attendance.

The applicant's representative brought a motion to be removed as solicitor of record in a statutory accident benefits dispute.

The representative provided evidence of a complete breakdown in the solicitor-client relationship, noting that the applicant had failed to respond to numerous letters and telephone calls and had failed to attend scheduled pre-hearings.

The arbitrator found that the representative had complied with the requirements of the Dispute Resolution Practice Code and granted the motion to withdraw.

The applicant was injured in a motor vehicle accident and sought a determination of catastrophic impairment.

After the applicant served new catastrophic assessment reports shortly before the scheduled arbitration hearing, the insurer requested that the applicant attend updated insurer's examinations and sought an adjournment of the hearing.

The applicant refused to attend.

The arbitrator found that the new reports constituted new evidence supporting a new position, and that procedural fairness required allowing the insurer to conduct its own orthopaedic and psychiatric assessments.

The arbitration proceeding was stayed until the applicant attends the assessments, and the hearing was adjourned.

The applicant's counsel brought a motion to withdraw as representative for the applicant in a statutory accident benefits arbitration.

Counsel had made numerous unsuccessful attempts to contact the applicant by telephone and in writing to obtain instructions, resulting in a complete breakdown of the solicitor-client relationship.

The insurer did not oppose the motion.

The arbitrator granted the motion, finding that counsel had complied with the Dispute Resolution Practice Code requirements for withdrawal.

Following an arbitration where the insurer successfully defended the applicant's claims for statutory accident benefits, the insurer sought its expenses.

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

Applying a 1:4 ratio for attendance to preparation time, the arbitrator awarded the insurer $13,001.23 in fees, disbursements, and HST.

The applicant, who sustained a serious brain injury after being struck by a dump truck as a pedestrian, brought a motion for interim benefits pending arbitration.

The insurer agreed to pay ongoing attendant care, housing, and assistive devices.

The arbitrator declined to order interim benefits for past attendant care, finding that the applicant had not demonstrated a compelling case or urgency, as there was no evidence that anyone was waiting to be paid for past care.

The Applicant was injured in a motor vehicle accident and sought statutory accident benefits for massage therapy, chiropractic care, and a magnetic resonance stimulation machine (MRS 2000).

The Insurer denied the claims.

The Arbitrator found the Applicant to be highly credible and motivated, and concluded that the massage therapy and chiropractic care were reasonable and necessary to support her active rehabilitation and pain management goals.

The claim for the MRS 2000 was dismissed as its cost was not reasonable given the minor degree of success and lack of supporting evidence.

Interest was awarded on the overdue benefits.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including housekeeping and home maintenance services.

The insurer denied further housekeeping benefits on April 11, 2005, based on an occupational therapy assessment.

The applicant commenced mediation within the two-year limitation period but failed to apply for arbitration within 90 days of the mediator's report.

The arbitrator found that the insurer's refusal was clear, unequivocal, and provided sufficient reasons and notice of the dispute resolution process.

Consequently, the limitation period was triggered, and the applicant was precluded from proceeding to arbitration.

Following a decision staying the applicant's arbitration for statutory accident benefits pending a civil action, the insurer sought its expenses.

The arbitrator found that the insurer was successful, the applicant ignored an offer to settle, and the applicant's conduct prolonged the proceedings.

The insurer was awarded expenses fixed at $9,626.70, based on a reasonable ratio of preparation to hearing time and the applicable legal aid hourly rates.

Following a preliminary issue hearing where the insurer successfully proved fraud and was awarded expenses, the parties could not agree on the quantum.

The arbitrator assessed the insurer's costs, applying a 2:1 ratio for preparation to hearing time and capping the insurer's counsel's hourly rate at the Legal Aid rate of $96.95 per hour pursuant to Rule 78 of the Dispute Resolution Practice Code.

The arbitrator awarded the insurer $3,456.23 in total expenses, inclusive of fees, disbursements, and GST, while disallowing the $3,000 assessment fee.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, which were denied by the insurer.

The applicant subsequently passed away before the arbitration hearing.

The applicant's former counsel was unable to obtain instructions from a representative of the estate and was permitted to withdraw as solicitors of record.

The solicitor for the estate then requested to withdraw all of the estate's disputes against the insurer on a without expenses basis.

The insurer consented to the withdrawal.

The arbitrator permitted the estate to withdraw all of its disputes on a without expenses basis.

The applicant was injured while riding a rented all-terrain vehicle (ATV) in British Columbia and applied for statutory accident benefits from her mother's Ontario automobile insurer.

The insurer denied the claim on the basis that the ATV was not an 'automobile' under the Statutory Accident Benefits Schedule.

The arbitrator held that the definition of 'automobile' under subsection 224(1) of the Ontario Insurance Act, which includes vehicles required to be insured under 'any Act', refers exclusively to Acts of the Ontario Legislature.

Because the ATV was not required to be insured under Ontario law, it was not an automobile, and the applicant was not involved in an 'accident' within the meaning of the Schedule.