H. Michael Kelly

The applicant, a migrant worker from Jamaica, was injured in a motor vehicle accident while being transported to work.

He initially received WSIB benefits but later sought to claim statutory accident benefits from the motor vehicle insurer.

The insurer argued the applicant was precluded from proceeding to arbitration because he failed to provide notice within the time limit under section 32(1) of the Schedule.

The arbitrator found that the applicant, who was illiterate and unfamiliar with the Ontario accident benefits system, provided a reasonable explanation for the delay, as he was navigating the complex interaction between WSIB, tort, and accident benefits systems and seeking legal advice.

The applicant was permitted to proceed to arbitration.

The applicants sought statutory accident benefits following an alleged motor vehicle accident.

The insurer denied the claims and sought repayment of benefits already paid, arguing the accident was staged.

Relying on uncontradicted expert accident reconstruction evidence which showed the physical damage was inconsistent with the drivers' accounts, the arbitrator found the accident was staged and fraudulent.

The applications were dismissed, and the applicants were ordered to repay the benefits received and pay the insurer's arbitration expenses.

The insurer brought a motion to compel the insured to attend an independent medical examination (IME) with a psychologist and to stay the arbitration pending the examination.

The insured had submitted reports from a psychologist and a psychiatrist supporting her claim for catastrophic impairment.

The insurer had previously obtained reports from a psychiatrist and an occupational therapist who opined that the insured's complaints were not accident-related, but the insurer had not obtained a psychological assessment.

After receiving an updated report from the insured's psychologist, the insurer requested a psychological IME.

The Arbitrator found the request reasonable and necessary to allow the insurer to assess the catastrophic impairment claim and ensure a fair hearing.

The motion to compel the IME was granted, but the request for a stay was dismissed as there was ample time before the hearing.

The applicant failed to attend multiple pre-hearings and lost contact with his representative.

The representative brought a motion to be removed from the record, and the insurer brought a motion to dismiss the arbitration and for costs.

The arbitrator granted the representative's request to be removed, dismissed the arbitration due to the applicant's failure to proceed, and awarded $678.00 in costs to the insurer.

The applicant sought accident benefits following a motor vehicle accident but failed to attend multiple scheduled pre-hearings or communicate with his counsel, leading to his counsel's removal from the record.

The insurer brought a motion to dismiss the arbitration for failure to participate.

The arbitrator found that the applicant's conduct demonstrated no genuine interest in pursuing the arbitration, rendering the proceeding frivolous and vexatious.

The application for arbitration was dismissed, and the applicant was ordered to pay $750 in costs to the insurer.