Who is Dana M. Hirsh?

Dana M. Hirsh is a arbitrator at the Ontario Financial Services Commission - Dispute Resolution Services with 4 decisions on record from 2015 to 2016. Key areas include statutory accident benefits schedule matters (sabs).

What tribunal does Dana M. Hirsh sit on?

Dana M. Hirsh sits on the Ontario Financial Services Commission - Dispute Resolution Services.

What areas of law does Dana M. Hirsh decide?

Dana M. Hirsh's most common areas include Statutory Accident Benefits Schedule matters (SABS) (4 decisions). Dana M. Hirsh has handled 4 decisions across 1 areas.

How many decisions has Dana M. Hirsh made?

Dana M. Hirsh has 4 decisions on record from 2015 to 2016.

Who frequently appears before Dana M. Hirsh?

Representatives who frequently appear before Dana M. Hirsh include Conor Wyche, Ian D. Kirby, Robert Plate.

Dana M. Hirsh — Arbitrator

Theresa Kehoe v. Allstate Insurance Company of Canada, 2016 ONFSCDRS 134

Limitation period for non-earner benefits not triggered where insurer failed to provide clear, unequivocal denial.

The Applicant sought non-earner benefits following a 2002 motor vehicle accident.

The Insurer raised a preliminary issue that the claim was statute-barred under the two-year limitation period in s. 281.1(1) of the Insurance Act and s. 51(1) of the Schedule.

The Arbitrator found that the Insurer's Explanation of Benefits did not provide a clear and unequivocal denial of non-earner benefits, nor did it include the required notice of the dispute resolution process as mandated by Smith v. Co-operators.

Consequently, the limitation period was never triggered, and the Applicant was not precluded from proceeding to arbitration.

OFSCDRSMay 2, 2016

Greg Wright v. Personal Insurance Company of Canada, 2016 ONFSCDRS 30

Accident benefits claims dismissed after applicant failed to attend the arbitration hearing.

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

Prior to the arbitration hearing, the applicant's legal counsel was granted leave to withdraw due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the scheduled arbitration hearing.

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

The insurer was awarded $1,500 in expenses.

OFSCDRSJan 19, 2016

Greg Wright v. Personal Insurance Company of Canada, 2016 ONFSCDRS 31

Motion by applicant's paralegal to withdraw as representative of record granted due to relationship breakdown.

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

The applicant had failed to attend pre-hearing conferences and there was a breakdown in the solicitor-client relationship, leaving the representative with no meaningful instructions.

The insurer took no position on the motion.

The arbitrator granted the motion, permitting the representative and his firm to withdraw from the proceeding.

OFSCDRSJan 19, 2016

Ananth Sanmugarajah v. Nordic Insurance Company of Canada, 2015 ONFSCDRS 123

The party tendering an expert report as evidence must produce the author for cross-examination.

In an arbitration for statutory accident benefits, a dispute arose over which party bears the obligation to produce expert witnesses for cross-examination on their reports.

The arbitrator held that the party tendering an expert report as evidence is responsible for producing the author for cross-examination by the opposing party.

Consequently, the applicant was ordered to produce his three experts, and the insurer was ordered to produce its expert.

OFSCDRSJun 9, 2015

Dana M. Hirsh

Theresa Kehoe v. Allstate Insurance Company of Canada, 2016 ONFSCDRS 134

Greg Wright v. Personal Insurance Company of Canada, 2016 ONFSCDRS 30

Greg Wright v. Personal Insurance Company of Canada, 2016 ONFSCDRS 31

Ananth Sanmugarajah v. Nordic Insurance Company of Canada, 2015 ONFSCDRS 123

for Allstate Insurance Company of Canada

for Mr. Sanmugarajah

for Mr. Wright

for Ms. Kehoe

for Nordic Insurance Company of Canada

for Personal Insurance Company of Canada

Decision types