Charles Matheson

The applicant, a minor injured in a motor vehicle accident, applied for statutory accident benefits and subsequently applied for arbitration.

Shortly before the scheduled hearing, the applicant withdrew the application.

The insurer sought its legal expenses, arguing the application lacked merit and the applicant failed to comply with production orders.

The arbitrator found the insurer's requested legal fees reasonable but denied out-of-pocket disbursements.

The applicant was ordered to pay the insurer's legal expenses fixed at $3,172.50.

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

The insurer suspended and subsequently denied income replacement, attendant care, and medical/rehabilitation benefits due to the insured's failure to provide requested information under section 33 of the Schedule.

The insurer brought a preliminary issue motion to dismiss the arbitration application, arguing it was statute-barred.

The Arbitrator found that the insured failed to apply for mediation within the two-year limitation period following the clear denials of benefits.

The Arbitrator held that a suspension of benefits under section 33 triggers the limitation period once a denial is properly communicated.

The application for arbitration was dismissed in its entirety.

The applicant sought statutory accident benefits following a motor vehicle accident but lost contact with her counsel, who was subsequently removed from the record.

After failing to respond to multiple communications and failing to attend the preliminary hearing, the insurer moved to dismiss the application.

The arbitrator dismissed the application for arbitration without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding the proceeding to be frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The applicant was ordered to pay $1,000 in costs to the insurer.

The applicant failed to maintain contact with her counsel and did not attend the arbitration pre-hearing.

Her counsel brought a motion to be removed from the record, and the insurer brought a motion to dismiss the application for arbitration with costs.

The arbitrator granted both motions, removing counsel from the record and dismissing the application as frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The applicant was ordered to pay $500 in costs to the insurer.

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

After the applicant's legal representative was removed from the record due to the applicant becoming uncooperative and uncommunicative, the applicant failed to participate in subsequent pre-hearing discussions.

The insurer brought a motion to dismiss the application and sought expenses.

The arbitrator dismissed the application without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding it frivolous, vexatious, or commenced in bad faith due to the failure to participate.

The insurer was awarded $1,000 in throw-away costs.

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

The insurer later sought to vary or revoke the benefits, alleging the applicant fraudulently misrepresented his employment.

The applicant brought a motion to dismiss the variation application or exclude evidence, arguing the insurer breached its duty of good faith and the applicant's privacy by sharing information between its tort and accident benefits departments.

The arbitrator dismissed the motion, finding that the Personal Information Protection and Electronic Documents Act permitted the collection of information and that the applicant had authorized the insurer to verify his employment information.

No breach of privacy was established.