Denise Ashby is a arbitrator at the Ontario Financial Services Commission - Dispute Resolution Services with 88 decisions on record from 2004 to 2012. Key areas include statutory accident benefits schedule matters (sabs), other tribunals, administrative law.

What tribunal does Denise Ashby sit on?

Denise Ashby sits on the Ontario Financial Services Commission - Dispute Resolution Services.

What areas of law does Denise Ashby decide?

Denise Ashby's most common areas include Statutory Accident Benefits Schedule matters (SABS) (88 decisions), Other Tribunals (14 decisions), Administrative Law (3 decisions). Denise Ashby has handled 88 decisions across 3 areas.

How many decisions has Denise Ashby made?

Denise Ashby has 88 decisions on record from 2004 to 2012.

Who frequently appears before Denise Ashby?

Representatives who frequently appear before Denise Ashby include James M. Brown, Pradeep B. Pachai, Marlett Dobson.

/Adjudicator

minicounsel

Denise Ashby — Arbitrator

Statutory Accident Benefits Schedule matters (SABS)

Other Tribunals

Administrative Law

Denise Ashby

Arbitrator·Ontario Financial Services Commission - Dispute Resolution Services·Since 2004

cases · 9 yrs · OFSCDRS

Trial

Motion

Costs

Appeal

Sentencing

Arbitrator· 88

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 22, 2005

Representative excluded from arbitration due to undisclosed conflict of interest involving medical assessment facility.

The insurer brought a motion to exclude the applicants' representative from the arbitration proceedings due to an alleged conflict of interest.

The representative was the sole director of a company that acted as a booking agent and promoter for the medical assessment facility used by the applicants.

The arbitrator found that the representative had a direct or indirect financial interest in the acceptance of the facility's technology as a compensable benefit, which he failed to disclose to the insurer.

Applying the test from MacDonald Estate, the arbitrator concluded the representative was in a conflict of interest and excluded him from representing the applicants to preserve the integrity of the hearing process.

Mahendrarajah v. American Home Assurance Company, 2005 ONFSCDRS 117

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 25, 2005

Arbitrator finds parties reached a binding settlement that implicitly resolved claims for expenses.

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

The parties engaged in settlement discussions, and the applicant's representative confirmed a settlement in writing.

The insurer subsequently sought an expense hearing, arguing it had not expressly withdrawn its claim for expenses.

The arbitrator found that a settlement of the issues had been reached, which implicitly included an agreement that each side would bear its own costs.

The arbitrator awarded the applicant $750 in expenses for the preliminary issue hearing but denied expenses for the arbitration hearing.

The insurer's claims for expenses and for the applicant's representative to be held personally liable were dismissed.

Chattar Kainth v. Guarantee Company of North America, 2005 ONFSCDRS 103

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 1, 2005

Insurer ordered to pay for psychological and initial chiropractic treatments; further physiotherapy and chiropractic claims dismissed.

The applicant, who was struck by a car as a pedestrian, sought medical benefits for chiropractic, physiotherapy, and psychological treatments under the Statutory Accident Benefits Schedule.

The insurer denied the benefits, arguing the impairments were not caused by the accident.

The arbitrator found that the accident materially contributed to the applicant's chronic pain and depression.

The arbitrator awarded the cost of an initial course of chiropractic treatment and the psychological treatment, finding them reasonable and necessary.

The claims for further chiropractic treatment and physiotherapy were dismissed as they were not shown to be effective.

The insurer was ordered to pay the applicant's arbitration expenses and interest on overdue payments.

Blasko Novakovic v. Coseco Insurance Co./HB Group/Direct Protect, 2005 ONFSCDRS 76

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 22, 2005

Minor applicant permitted to proceed to arbitration despite delayed notice due to reasonable explanation.

The applicant was injured in a motor vehicle accident when he was 14 years old.

He did not notify the insurer of his claim for statutory accident benefits until over four years later, after he had turned 18.

The insurer sought to preclude him from proceeding to arbitration due to the delay.

The arbitrator held that section 47 of the Limitations Act applied to postpone the notice period until the applicant reached the age of majority.

Furthermore, the arbitrator found that the applicant had a reasonable explanation for the subsequent delay, given his youth, limited abilities, dependence on his parents, and the lack of prejudice to the insurer.

The applicant was permitted to proceed to arbitration.

Blasko Novakovic v. Coseco Insurance Co./HB Group/Direct Protect, 2005 ONFSCDRS 22

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 26, 2005

Applicant awarded ongoing income replacement benefits as shoulder bursitis prevented return to heavy physical labour.

The applicant was struck by a vehicle while walking home from work, sustaining injuries including to his right shoulder and lower back.

He applied for income replacement benefits, which the insurer terminated on the basis that he was no longer substantially unable to perform the essential tasks of his employment as a mattress builder.

The arbitrator found that the applicant's job required heavy physical labour, including frequently lifting mattresses weighing up to 115 lbs.

Relying on the medical evidence of the applicant's experts, the arbitrator concluded that the applicant suffered from accident-related bursitis in his right shoulder, which prevented him from performing these essential tasks.

The applicant was awarded ongoing income replacement benefits, and the insurer's claim for repayment of previously paid benefits was dismissed.

Berry v. Liberty Insurance Company of Canada, 2005 ONFSCDRS 9

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 19, 2005

Motion for production of tort discovery transcript denied to prevent importing discovery into FSCO proceedings.

The insurer brought a motion for production of the transcript of the applicant's examination for discovery from a related tort action.

The applicant opposed the motion, arguing the transcript was not relevant to the specific period of housekeeping benefits in dispute.

The arbitrator denied the motion, finding that ordering production would give the insurer an unfair advantage by effectively importing the discovery process into the FSCO proceeding, which is not permitted under the Insurance Act.

Blair Plummer v. Farmers' Mutual Insurance Company, 2005 ONFSCDRS 6

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 18, 2005

Insurer's motion to adjourn preliminary issue hearing granted due to applicant's prior failure to communicate.

The applicant claimed statutory accident benefits following a motor vehicle accident, which the insurer denied.

After the applicant failed to retain new counsel or contact the Commission for several months following an initial adjournment, the insurer assumed the applicant would not attend the rescheduled preliminary issue hearing and appeared without witnesses.

The insurer brought a motion to adjourn the hearing.

The arbitrator granted the adjournment, finding the insurer's assumption reasonable given the applicant's conduct, and ordered the new date peremptory to both parties.

Sharif Kulmie v. TTC Insurance Company Limited, 2005 ONFSCDRS 4

OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 25, 2004

Insurer's motion to dismiss for failure to attend denied where preliminary issue hearing remained unscheduled.

The insurer brought a motion to dismiss the applicant's claim for statutory accident benefits after the applicant failed to appear at the scheduled hearing.

The arbitrator found that because a preliminary issue hearing regarding jurisdiction had been previously adjourned and not rescheduled, it was reasonable to infer the unrepresented applicant believed the main hearing would not proceed.

The motion to dismiss was denied, and the preliminary issue hearing was rescheduled.

Sharif Kulmie v. TTC Insurance Company Limited, 2004 ONFSCDRS 174

Page 5 of 5 (88 cases)

for Allstate Insurance Company of Canada

Ian D. KirbyCounsel
2 appearances
Frank BenedettoCounsel
1 appearance

for Alon Rooz, personally and the firm of Mazin & Rooz

Alon RoozCounsel
1 appearance
Dimple VermaCounsel
1 appearance

for American Home Assurance Company

J.A. Michael WolfeCounsel
1 appearance

for Aviva Canada Inc.

James M. BrownCounsel
4 appearances
Pamela J. QuesnelCounsel
1 appearance
Ashley DeatheCounsel
1 appearance
Joseph W. GriffithsCounsel
1 appearance

for Belair Insurance Company Inc.

Marianne MothaCounsel
1 appearance
Tobin B. HortonCounsel
1 appearance

for Certas Direct Insurance Company

Ryan M. NaimarkCounsel
2 appearances
Todd J. McCarthyCounsel
2 appearances
Heather KawaguchiCounsel
1 appearance

for Christopher Hoang (A Minor By His Litigation Guardian, San Trieu)

Robert BenCounsel
1 appearance

for Co-operators General Insurance Company

Melanie MalachCounsel
1 appearance

for Coseco Insurance Co./HB Group/Direct Protect

Pradeep B. PachaiCounsel
3 appearances

for Dominion of Canada General Insurance Company

Anna-Marie MussonCounsel
1 appearance
Fiona PorterCounsel
1 appearance
Jane CvijanCounsel
1 appearance
Lawrence M. FoyCounsel
1 appearance

for Economical Mutual Insurance Company

Ashu IsmailCounsel
1 appearance
Helen D. K. FriedmanCounsel
1 appearance
Neil Colville-ReevesCounsel
1 appearance

for Farmers' Mutual Insurance Company

Linda MatthewsCounsel
1 appearance

for Gore Mutual Insurance Company

Renate Joanna EschlboeckCounsel
1 appearance

for Guarantee Company of North America

Rose BilashCounsel
1 appearance

for himself

Siong Ming YaeSelf-represented
1 appearance

for ING Insurance Company of Canada

Lisa PoolCounsel
1 appearance
Sylvia A. HaakCounsel
1 appearance

for Kingsway General Insurance Company

Koula DimakarakosCounsel
1 appearance

for Liberty Insurance Company of Canada

Michelle BrownCounsel
1 appearance
Thomas HudakCounsel
1 appearance

for Lombard General Insurance Company of Canada

Marlett DobsonCounsel
3 appearances
M. SewerniukCounsel
1 appearance

for Louis Mostyn

Tony AffectoCounsel
1 appearance

for Motors Insurance Corporation

J. Claude BlouinCounsel
1 appearance

for Motor Vehicle Accident Claims Fund

Lorraine TakacsCounsel
1 appearance

for Mr. Almeida, who did not attend

Shane HenryCounsel
1 appearance

for Mr. Berry

Gloria CheonCounsel
1 appearance

for Mr. Bhola

David S. WilsonCounsel
1 appearance

for Mr. Brookes

David J. GillespieCounsel
1 appearance

for Mr. Choudry

Nisarg MunshiCounsel
1 appearance

for Mr. Claybourne

Nigel GilbyCounsel
1 appearance
William A.G. SimpsonCounsel
1 appearance

for Mr. Duong

Denny Hutner PollockAgent
1 appearance

for Mr. Fedoseev

Nureen SharifCounsel
1 appearance

for Mr. Fernandes

Robert BowmanCounsel
1 appearance

for Mr. Forbes

David CarranzaCounsel
1 appearance
Robert FranklinCounsel
1 appearance

for Mr. Hoang

Robert BenCounsel
1 appearance

for Mr. Ismail

Dev MisirCounsel
1 appearance

for Mr. Ives

Joseph LamCounsel
1 appearance

for Mr. Jadavji

Alon RoozCounsel
1 appearance

for Mr. Kabala

Michael OkojieCounsel
1 appearance

for Mr. Kainth

David CarranzaParalegal
1 appearance

for Mr. Kanapathipillai

Robert LeporeCounsel
1 appearance

for Mr. Krishnapillai

Arvin GuptaCounsel
1 appearance

for Mr. Kulmie

Mohammed MuslimCounsel
1 appearance

for Mr. Ladhar

Douglas O'TooleCounsel
1 appearance

for Mr. Lloyd

John ZuberCounsel
1 appearance

for Mr. Lyashov

Alon RoozCounsel
1 appearance

for Mr. Mannarino

Arthur R. CamporeseCounsel
1 appearance

for Mr. Morgan

G. Joseph FalconeriCounsel
1 appearance

for Mr. M.'s Estate

David B. HaywardCounsel
1 appearance
Stephen B. AbrahamCounsel
1 appearance

for Mr. Novakovic

H. Wayne GardnerCounsel
2 appearances

for Mr. Osmani

Anu MalhotraCounsel
1 appearance

for Mr. Panchenko

Adam EzerCounsel
1 appearance

for Mr. Plummer

Salvatore ShawCounsel
1 appearance

for Mr. Prete

Dimple VermaCounsel
1 appearance

for Mr. Prince

Robert BesunderCounsel
1 appearance

for Mr. Puspanathan

Adam EzerCounsel
1 appearance

for Mr. Razmjou

Steven SiegerCounsel
1 appearance

for Mr. Rocheleau

Karl ArvaiCounsel
2 appearances

for Mrs. Flutur

Allen WynperleCounsel
1 appearance

for Mrs. Gabrielyan

Gary MazinCounsel
2 appearances

for Mrs. Garg

Gary MazinCounsel
1 appearance

for Mrs. Gonsalves

Amin SachedinaCounsel
1 appearance

for Mrs. Kaur

Iqbal S. BediAgent
3 appearances

for Mrs. Lee

Andrew M. LeeCounsel
1 appearance

for Mrs. Mole

Mary DeRoseCounsel
1 appearance

for Mrs. Onyszkiewicz

M. Claire WilkinsonCounsel
1 appearance

for Mrs. Ramball and Mr. Ramball

Michelle WhitemanCounsel
1 appearance

for Mrs. Slater

Priti KhuranaCounsel
1 appearance

for Mr. Tarantino

David DerfelCounsel
1 appearance

for Mr. Uka

Joel E. TimmermanCounsel
1 appearance

for Mr. Vieira

Bob CrosbieParalegal
1 appearance
Yoram (Jay) GoldAgent
1 appearance

for Mr. Walia

Rameshwer SanghaCounsel
1 appearance

for Mr. Williams

Adam EzerCounsel
1 appearance
Nureen ShariffCounsel
1 appearance

for Ms. Abrams

Christopher CliffordCounsel
1 appearance

for Ms. Benjamin

Joel P. FreedmanCounsel
2 appearances

for Ms. Bouchard

Charles E. GlucksteinCounsel
1 appearance

for Ms. Brodhecker

Raymond WattCounsel
1 appearance

for Ms. Henry

David SchellCounsel
1 appearance

for Ms. Lyu

Salvatore ShawCounsel
1 appearance

for Ms. Merani

Arvin GuptaCounsel
1 appearance

for Ms. Monks

Robert A. ZiglerCounsel
1 appearance

for Ms. P.

Laura WrightCounsel
1 appearance
Carly MarchCounsel
1 appearance

for Ms. Sujatha Mahendrarajah and Ms. Thava Mahendrarajah

Richard GordonParalegal
1 appearance

for Ms. Warvill

Mark SargesCounsel
1 appearance

for Nordic Insurance Company of Canada

Michelle MainprizeCounsel
1 appearance

for Pafco Insurance Company

Richard HorstCounsel
1 appearance

for Patricia Abrams, Courtney Abrams and Joshua Abrams

Christopher CliffordCounsel
1 appearance

for Personal Insurance Company of Canada

Ryan M. NaimarkCounsel
3 appearances
Todd J. McCarthyCounsel
2 appearances
Peter YooCounsel
2 appearances
Joy E. StothersCounsel
1 appearance
Sophia ChaudriCounsel
1 appearance

for Pilot Insurance Company

Susan BromleyCounsel
2 appearances

for RBC General Insurance Company

Darrell MarchCounsel
3 appearances
Alex CurryCounsel
1 appearance
Aldo PicchettiCounsel
1 appearance
James LeoneCounsel
1 appearance

for Royal & SunAlliance Insurance Company of Canada

Nestor E. KostyniukCounsel
1 appearance

for Security National Insurance Co./ Monnex Insurance Mgmt. Inc.

Jason HickmanCounsel
1 appearance

for Security National Insurance Co./Monnex Insurance Mgmt. Inc.

David SilverstoneCounsel
1 appearance
Gaspare Di SalvoCounsel
1 appearance
Tricia McAvoyCounsel
1 appearance
Christopher A. CastonCounsel
1 appearance

for Sheila Ramball and Samuel Ramball

Gary MazinCounsel
1 appearance

for State Farm Mutual Automobile Insurance Company

Todd J. McCarthyCounsel
2 appearances
Darrell MarchCounsel
1 appearance
Jonathan B. SchriederCounsel
1 appearance
Matt DuffyCounsel
1 appearance
Shirline ApiouCounsel
1 appearance

for TD Home and Auto Insurance Company

Dwain BurnsCounsel
1 appearance
Pamela L. BlaikieCounsel
1 appearance

for the Applicant

Chris KabalaSelf-represented
1 appearance

for the Insurer

Dwain BurnsCounsel
1 appearance
Maria MikhailitchenkoCounsel
1 appearance
Tammy VivienCounsel
1 appearance
Anna-Marie MussonCounsel
1 appearance

for the Motor Vehicle Accident Claims Fund

Harold SterlingCounsel
1 appearance

for T.T.C. Insurance Company Limited

Susan DeerAgent
1 appearance

for TTC Insurance Company Limited

Gustavo GarridoCounsel
2 appearances
Laura QaqishCounsel
1 appearance
Chad TownsendCounsel
1 appearance

for Wawanesa Mutual Insurance Company

Seth KornblumCounsel
2 appearances
Avrim JosephCounsel
1 appearance
Carla FalkeisenCounsel
1 appearance
Darrell MarchCounsel
1 appearance
Jonathan S.D. WakelinCounsel
1 appearance
Karla FalkeisenCounsel
1 appearance
Alexander J.D. CurryCounsel
1 appearance

on behalf of himself

Owen ElliotCounsel
1 appearance

on his own behalf

Mohamed El BehirySelf-represented
1 appearance

Decisions

Years active

Tribunals

1.0

cases/mo

OFSCDRS88(100%)

Decision types

motion

trial

costs

Page 5 of 5 (88 cases)