Elisabeth Sachs

The appellant insurer appealed an arbitrator's decision finding it responsible for paying the respondent's accident benefits.

The appellant argued the respondent failed to provide notice of her claim within the statutory time limits and lacked a reasonable excuse for the 16-month delay.

The Director of Arbitrations dismissed the appeal, upholding the arbitrator's finding that a combination of factors—including the respondent's initial claim to another insurer who paid expenses, incorrect documentation, and personal circumstances—constituted a reasonable excuse for the delay under section 22(2) of the No-Fault Benefits Schedule.

The appellant appealed an arbitrator's decision denying her weekly income and dependent care benefits following a motor vehicle accident.

She requested an oral rehearing, a referral to the Medical and Rehabilitation Advisory Panel, and a reinstatement of benefits, arguing the arbitrator misapplied the test for 'substantial inability' to perform essential tasks as a homemaker.

The Director of Arbitrations dismissed the appeal, finding no grounds to order a rehearing or a medical referral.

The Director upheld the arbitrator's conclusion that while the appellant experienced pain and her tasks took longer, she did not suffer a substantial inability to perform her essential tasks.

The appellant was awarded her expenses for the appeal.

The appellant requested a further adjournment of a scheduled motion due to the continuing illness of his counsel.

The respondent agreed to a short adjournment but opposed further delays, noting the long history of the case and outstanding production issues.

The Director of Arbitrations granted the adjournment to March 23, 1993, making it peremptory to the appellant, and scheduled any potential new hearing to commence shortly thereafter.

The insurer appealed an arbitrator's decision that Canada Pension Plan (CPP) disability payments received by the respondent were not deductible from weekly income benefits payable under s. 13(3) of the No-Fault Benefits Schedule.

The respondent, who was unemployed at the time of the accident, had been receiving CPP disability payments for a prior condition.

The Director of Arbitrations allowed the appeal, finding that the phrase 'any payments for loss of income' in s. 13(3) is unambiguous and includes CPP disability payments, regardless of whether they relate to the accident or a prior condition.

The weekly income benefits must be reduced by the amount of the CPP payments.

The appellant appealed an interim order dismissing his motion for a new hearing and to disqualify the arbitrator.

The appellant argued that inadequate translation services during the hearing prejudiced the arbitrator and that late disclosure of documents by the respondent breached the rules of natural justice.

The Director of Arbitrations dismissed the appeal, finding no evidence of bias or prejudgment by the bilingual arbitrator.

The Director also found that the late disclosure was largely caused by the appellant and did not deprive him of a fair hearing, as he could have requested an adjournment or called reply evidence.

The appellant, a taxi driver injured in a motor vehicle accident, appealed an arbitral decision that awarded him minimum weekly income benefits and ordered him to repay $1,695.60 to the insurer.

The appellant sought a stay of the repayment, admission of fresh evidence, and a recalculation of his benefits, alleging the arbitrator was biased against him and erred in assessing his income.

The Director of Arbitrations dismissed the appeal, finding no evidence of bias or procedural unfairness.

The Director held that the appellant failed to properly prove his gross income and expenses, and declined to admit fresh evidence that could have been presented at the original hearing.

The request for a stay and the claim for appeal expenses were also denied.

The appellant appealed an arbitrator's decision that entitled him to weekly income benefits of $185.00 and required him to repay the insurer $67.00 weekly for overpayments.

The appellant sought an oral rehearing, arguing the arbitrator erred in preferring documentary evidence over oral testimony.

The Director of Arbitrations denied the request for an oral rehearing, finding no error of law or fact in the arbitrator's assessment of credibility and evidence.

The appeal was dismissed on the record, and the appellant was ordered to repay the overpaid benefits.

The appellant's request for expenses was also denied due to his conduct unreasonably prolonging the proceedings.