Elizabeth Nastasi

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

Her representative lost contact with her and was granted a motion to be removed from the record.

The applicant failed to attend the arbitration hearing.

The arbitrator dismissed the applicant's claims for income replacement benefits due to a lack of evidence.

The insurer's claim for repayment of income replacement benefits paid pending a Designated Assessment Centre report was granted, as the report concluded the applicant did not suffer a substantial inability to perform the essential tasks of her employment.

The applicant was ordered to repay $3,853.08 and pay the insurer's arbitration expenses of $2,947.01.

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

After failing to resolve disputes through mediation, the applicant applied for arbitration.

The insurer brought a motion to dismiss the arbitration without a hearing because the applicant failed to comply with a previous order and did not attend the pre-hearing.

The arbitrator found the proceeding to be frivolous and commenced in bad faith, dismissing the arbitration and awarding reasonable expenses to the insurer.

The Applicant was injured in a motor vehicle accident and received income replacement benefits until the Insurer terminated them based on a DAC assessment.

The Insurer argued the Applicant's arbitration was statute-barred because she failed to apply for mediation within two years of the refusal.

The Arbitrator found that the Insurer's notice of refusal only mentioned mediation and failed to explain the entire dispute resolution process, as required by the Supreme Court in Smith v. Co-operators.

Consequently, the notice was deficient, the limitation period was not triggered, and the Applicant was permitted to proceed with her arbitration.

The applicant's legal representative brought a motion to withdraw as counsel of record due to a breakdown in the solicitor-client relationship.

The applicant and the insurer opposed the motion.

The insurer also sought details regarding the breakdown.

The arbitrator granted the motion to withdraw, finding a breakdown had occurred, and denied the insurer's request for details to protect solicitor-client privilege.

Parties were ordered to bear their own costs.

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

After his solicitors were removed from the record, the applicant failed to notify the Commission of his intention to proceed with the arbitration, despite being ordered to do so.

The insurer brought a motion to dismiss the arbitration without a hearing.

The arbitrator found that the applicant had abandoned his arbitration and issued a notice of intention to dismiss the proceeding as frivolous, vexatious, or made in bad faith, giving the parties 20 days to object.