Deborah Pressman

The insurer brought a motion to compel the insured to attend a neuropsychological examination under section 44 of the Statutory Accident Benefits Schedule and to stay the arbitration proceedings until he attended.

The insured had refused to attend, arguing his own treating psychologist should conduct the assessment.

The arbitrator found the examination was reasonably necessary to assess ongoing attendant care needs, noting the insured's last neuropsychological assessment was seven years prior.

The motion was granted, and the arbitration was stayed pending the insured's attendance at the examination.

The applicant failed to attend his arbitration hearing for statutory accident benefits.

As a result, his claims for medical benefits, cost of examinations, a special award, and interest were dismissed.

The insurer sought its expenses for a prior preliminary issue hearing, arguing it was mostly successful.

The arbitrator found the insurer was only partially successful, as the applicant had succeeded on his claim for attendant care benefits up to the two-year mark.

Consequently, the arbitrator ordered the parties to bear their own expenses.

The insurer brought a motion to compel the insured to attend a section 44 neuropsychological assessment to determine catastrophic impairment, and to stay the arbitration until she attended.

The insured had refused to attend, arguing she had not alleged a head injury or cognitive problems other than psychiatric issues.

The arbitrator found the assessment was reasonably necessary and fair, as the insured had raised catastrophic impairment as a new issue and her own psychiatrist's report noted cognitive complaints.

The motion was granted and the arbitration was stayed pending the assessment.

The applicant sought statutory accident benefits after an incident on a TTC bus where he engaged in a physical altercation with another passenger, fell, and allegedly injured his toe, which later led to a leg amputation.

The insurer denied the claim on the basis that the incident was not an 'accident' under section 2(1) of the Statutory Accident Benefits Schedule.

The arbitrator found that the incident was an assault, not an accident, as the bus merely provided the location for the fight and was not moving at the time.

Furthermore, the assault was an intervening act that broke the chain of causation, and the applicant failed to establish a causal link between the bus incident and his subsequent amputation.

The preliminary issue was resolved in favour of the insurer.

The applicant failed to attend his scheduled arbitration hearing regarding accident benefits following two motor vehicle accidents.

His legal representative brought a motion to withdraw due to a breakdown in the solicitor-client relationship, which was granted.

As the applicant did not attend to present evidence, he failed to prove his claims on a balance of probabilities, and his applications for arbitration were dismissed.

The applicant was ordered to pay the insurer's expenses fixed at $1,500.

The applicant's representative brought a motion to withdraw as counsel of record prior to the arbitration hearing, citing a breakdown in the solicitor-client relationship and ethical reasons.

The applicant opposed the motion, arguing prejudice and delay.

Applying the principles from R. v. Cunningham, the arbitrator granted the motion to withdraw, finding that the request was made far enough in advance of the rescheduled hearing and that counsel should not be forced to continue representing the applicant given the ethical reasons and irreconcilable differences.

The withdrawal was made conditional on the representative continuing to make the applicant's file available for review at her office.

The applicant was injured in a head-on motor vehicle collision and sought a determination of catastrophic impairment under the Statutory Accident Benefits Schedule.

The applicant argued he met the criteria under s. 2(1.2)(g) for marked mental or behavioural impairment and s. 2(1.2)(f) for 55% Whole Person Impairment.

The arbitrator found that the applicant had significant pre-existing substance abuse and psychological issues, and that his current impairments were moderate rather than marked.

The arbitrator also preferred the insurer's medical experts, finding the applicant's experts relied on flawed methodology and incomplete medical histories.

The application for catastrophic impairment was dismissed, limiting the applicant's entitlement to housekeeping and attendant care benefits to the 104-week post-accident period.

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

The applicant's legal representative brought a motion to withdraw due to a breakdown in the solicitor-client relationship, which was granted.

The applicant failed to attend the arbitration hearing despite receiving proper notice.

Consequently, the arbitrator proceeded in the applicant's absence, dismissed the application for arbitration, and ordered the applicant to pay $1,500 in expenses to the insurer.

The applicant was injured when she fell off her bicycle while maneuvering around a parked van that was encroaching on the sidewalk during a festival.

She applied for statutory accident benefits, but the insurer denied the claim, arguing the incident did not meet the definition of an 'accident' under the Schedule.

The arbitrator found that parking is an ordinary use of a vehicle and that the parked van created a situation of risk that directly caused the applicant's injuries.

The preliminary issue was resolved in favour of the applicant.

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

The parties were unable to resolve their disputes through mediation, and the applicant applied for arbitration.

The applicant failed to attend the pre-hearing discussion, motion, and the arbitration hearing despite receiving proper notice.

Pursuant to section 7(1) of the Statutory Powers Procedure Act and Rule 37.7 of the Dispute Resolution Practice Code, the hearing proceeded in the applicant's absence.

The arbitrator dismissed the applicant's claims for benefits as he failed to present evidence to establish his entitlement.

The applicant was ordered to pay $1,000 for the insurer's arbitration expenses.

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

The parties settled the arbitration prior to the hearing, with the insurer agreeing to pay reasonable costs and disbursements.

The parties could not agree on the quantum of expenses.

The arbitrator assessed the expenses, finding the preparation time and hourly rates claimed by the applicant's paralegal and counsel to be reasonable.

The arbitrator awarded the applicant $2,997.16 in expenses, inclusive of fees and disbursements.

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

The applicant failed to attend the pre-hearing discussion and the arbitration hearing, despite receiving proper notice.

The arbitrator proceeded in the applicant's absence pursuant to the Statutory Powers Procedure Act and the Dispute Resolution Practice Code.

As the applicant presented no evidence to meet his burden of proof, his claims for benefits and a special award were dismissed.

The applicant was ordered to pay the insurer's arbitration expenses in the amount of $1,035.61.