Dana Hirsh

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

Prior to the hearing, the applicant's legal representatives withdrew due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the scheduled arbitration hearing despite being properly served with the Notice of Hearing.

The arbitrator proceeded in the applicant's absence and dismissed the application, as the applicant failed to present evidence to prove entitlement to the claimed benefits.

The insurer was awarded $500 in expenses.

The applicant applied for arbitration at the Financial Services Commission of Ontario after a dispute with her insurer over statutory accident benefits, including a non-earner benefit and a medical benefit.

The applicant's legal representatives withdrew prior to the pre-hearing due to a breakdown in the solicitor-client relationship.

The applicant failed to attend both the pre-hearing and the scheduled arbitration hearing.

As the applicant did not attend to present any evidence, she failed to prove her entitlement to the claimed benefits.

The arbitrator dismissed the applicant's claims and ordered her to pay $1,500 in expenses to the insurer.

The applicant sought a medical benefit for physiotherapy following a motor vehicle accident.

The applicant failed to attend the arbitration hearing, and her legal representative was granted leave to withdraw.

As the applicant presented no evidence to prove her entitlement, her claims were dismissed.

The insurer was awarded $1,500 in expenses.

The applicant's paralegal brought a motion to withdraw as the legal representative of record in a statutory accident benefits arbitration.

The applicant failed to attend pre-hearing conferences and the motion hearing.

The arbitrator found there had been a breakdown of the solicitor-client relationship and the representative had no meaningful instructions.

The motion to withdraw was granted.

Following an arbitration where the insurer was largely successful in defending against claims for statutory accident benefits, the parties sought expenses.

The arbitrator found that the insurer was entitled to its expenses due to its overwhelming success, though the amount was slightly reduced because the applicant had marginal success on two treatment plans and the insurer had listed 36 witnesses it did not call.

The applicant was ordered to pay the insurer $6,400.00 in expenses.

The applicant claimed statutory accident benefits following a motor vehicle accident and applied for arbitration at the Financial Services Commission of Ontario after mediation failed.

Prior to the hearing, the applicant's legal representatives were permitted to withdraw due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the scheduled arbitration hearing despite being properly served with the Notice of Hearing.

The arbitrator proceeded in the applicant's absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code and dismissed the claims, as the applicant presented no evidence to prove entitlement to the benefits.