Isabel Stramwasser

The applicant sought ongoing income replacement benefits, housekeeping benefits, and a catastrophic impairment designation following a 2007 motor vehicle accident.

The arbitrator dismissed all of the applicant's claims, finding her to be an unreliable and evasive witness whose testimony was contradicted by surveillance video, medical records, and her own prior statements.

Because the applicant's subjective reports were deemed not credible, the medical evidence relying on those reports was also rejected.

The applicant was ordered to pay $40,000 in arbitration expenses to the insurer.

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

In a previous decision, the arbitrator found that the insurer unreasonably withheld payments for two occupational therapy treatment plans, entitling the applicant to a special award under s. 282(10) of the Insurance Act.

In this decision on quantum, the arbitrator applied the Persofsky framework and weighed factors including the modest amount of benefits withheld, the lengthy delay, the insurer's failure to respect important SABS obligations, and the mitigating factor of significant SABS interest payable.

The arbitrator ordered the insurer to pay a special award of $26,000.00, representing approximately 60% of the maximum permissible amount, along with the applicant's expenses of $11,105.09.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including two occupational therapy treatment plans, which the insurer denied.

After multiple arbitrations and appeals, the sole issue returned for redetermination was whether the applicant was entitled to a special award under s. 282(10) of the Insurance Act.

The arbitrator found that the insurer acted unreasonably by ignoring overwhelming medical evidence supporting the treatment plans, relying on two unreliable and error-ridden reports from its own assessors, and failing to reconsider its position when new information was provided.

The arbitrator concluded that the insurer's conduct was stubborn, immoderate, imprudent, and inflexible, and ordered the insurer to pay a special award, with the quantum to be determined after further submissions.

The applicant sought her expenses for a 2016 arbitration hearing.

The insurer argued the request was out of time.

The arbitrator found that under Rule 79.1 of the Dispute Resolution Practice Code, a request for an expense hearing must be made within 30 days of the decision.

Because the applicant did not request the expenses until August 2018, nearly two years after the decision, the motion was dismissed as out of time.

The parties both brought motions to vary interim production orders made during a pre-hearing discussion regarding a statutory accident benefits dispute.

The insurer sought to exclude certain sources of records because the applicant had commenced a tort action against them, while the applicant sought specific document production due to mistrust of the insurer.

The arbitrator dismissed both motions, finding she lacked jurisdiction to vary interim orders under Rule 61.2 of the Dispute Resolution Practice Code.

Even if jurisdiction existed, the arbitrator noted she would have dismissed the motions on their merits, as the tort action was not material to the arbitration and the applicant's mistrust did not justify anticipating a breach of the production order.

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

After a 16-day hearing, the presiding arbitrator passed away before rendering a decision.

The insurer objected to proceeding on the record and requested a hearing de novo, arguing that credibility was at issue.

The arbitrator, exercising delegated discretion, ordered that the matter proceed on the record using the transcripts from the incomplete hearing, citing the overriding mandate to resolve disputes fairly, quickly, and cost-efficiently, and noting the extensive delays and impending closure of the Dispute Resolution Services.

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

After a dispute arose, she applied for arbitration at FSCO.

She later sought to add the issue of non-earner benefits to the arbitration.

The insurer brought a preliminary issue motion arguing that FSCO lacked jurisdiction to add issues after April 1, 2016, when amendments to the Insurance Act transferred jurisdiction for new applications to the Licence Appeal Tribunal.

The arbitrator dismissed the insurer's motion, finding that FSCO retains jurisdiction to add issues to existing arbitrations, consistent with its longstanding practice, the Dispute Resolution Practice Code, and the Statutory Powers Procedure Act.

Adding the issue avoids a multiplicity of proceedings and prevents potential prejudice to the applicant regarding limitation periods.

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

A dispute arose and the applicant applied for arbitration at FSCO.

The applicant subsequently sought to add the cost of two examinations to the arbitration.

The insurer brought a preliminary issue motion arguing that FSCO lacked jurisdiction to add issues after April 1, 2016, due to legislative amendments transferring jurisdiction to the Licence Appeal Tribunal.

The arbitrator dismissed the insurer's motion, finding that FSCO has a longstanding practice of adding issues to existing arbitrations, which is supported by the Dispute Resolution Practice Code, the doctrine of legitimate expectation, and the Statutory Powers Procedure Act.

Adding the issues avoids a multiplicity of proceedings and does not cause significant prejudice to the insurer.

The insured applied for statutory accident benefits following a motor vehicle accident, seeking $126,673 for home modifications.

The insurer requested that the insured attend an orthopaedic examination to assess the claim.

The insured refused to attend, arguing the request was unreasonable and the notice was deficient.

The insurer brought a preliminary issue motion to preclude the insured from proceeding to arbitration.

The arbitrator found that the insurer's notice met all procedural requirements and that the requested examination was reasonably necessary to assess causation for the new benefit claimed.

The arbitration was adjourned until the insured attends the orthopaedic examination.

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

The insurer denied the claim.

On a preliminary issue hearing, the arbitrator considered whether the applicant was employed, self-employed, or receiving employment insurance at the time of the accident.

The applicant argued that monies received from the Ontario government's Second Career Program for dog grooming training constituted employment income or were analogous to employment insurance.

The arbitrator rejected these arguments, finding no statutory basis to expand the definitions.

The claim for income replacement benefits was dismissed.

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

A priority dispute between insurers was resolved, with Western Assurance assuming carriage of the claim.

State Farm brought a motion on consent to add Western Assurance as a party and remove itself from the arbitration.

The arbitrator granted the motion, finding jurisdiction under the Statutory Powers Procedure Act and the Dispute Resolution Practice Code to add and remove parties, and concluding that the proposed order was the most just, quickest, and least expensive manner of proceeding.

The insurer brought a motion to dismiss the applicant's Application for Arbitration for failure to comply with production orders and agreements.

The arbitrator found that the applicant had substantially complied with most of the orders and agreements by the time of the hearing.

The motion to dismiss was denied, the previous stay of the arbitration was vacated, and the parties were ordered to set a hearing date.

The issue of expenses was left to the discretion of the hearing arbitrator.

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

The insurer brought a motion to preclude the applicant from proceeding to arbitration due to a failure to attend insurer's examinations or produce documents.

The parties settled all issues in the motion except for interim expenses.

The arbitrator deferred the decision on interim expenses to the hearing arbitrator, noting that expense awards for interlocutory proceedings should be reserved for exceptional cases and the hearing arbitrator is best placed to consider any misconduct in the context of the entire proceedings.

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

The parties settled all issues except expenses shortly before the arbitration hearing.

The arbitrator determined that the applicant was entitled to expenses under section 282(11) of the Insurance Act.

The arbitrator awarded $1,200 for legal fees, $3,500 for expert reports (allowing the reports of Dr. Jha and Dr. Braganza but rejecting a second report by Dr. Waxer as duplicative), and $1,150 for disbursements, for a total expense award of $5,850.

The applicant was injured in a motor vehicle accident and sought various medical benefits and the cost of examinations from his insurer.

The insurer denied the claims, and the applicant applied for arbitration.

The arbitrator found that the insurer failed to respond to a treatment plan for a therapy ball within the required 10-day period under s. 38(8) of the Statutory Accident Benefits Schedule.

As a result, the insurer was ordered to pay for the therapy ball and was prohibited from taking the position that the Minor Injury Guideline applied to the applicant's impairment.

However, the arbitrator dismissed the remaining claims for medical benefits and assessments, finding that the applicant failed to establish causation between the accident and his symptoms years later, noting significant gaps in the medical records and the applicant's unreliability as a witness.

The applicant's request for a special award was denied.

The applicant was ordered to pay 75% of the insurer's arbitration expenses due to his conduct prolonging the proceedings.

The Insurer sought its expenses following a successful defence of the Applicant's claims for statutory accident benefits.

The Arbitrator found that the Applicant's conduct prolonged the proceedings through late production of evidence, failure to properly summon witnesses, and pursuit of unnecessary procedural aspects.

The Insurer claimed approximately $51,900 in expenses.

The Arbitrator reduced the claimed legal fees and disbursements, noting the lack of complexity and excessive claims for process service and court reporters.

The Applicant was ordered to pay the Insurer's expenses fixed at $13,400.

The applicant sought statutory accident benefits following a 2008 motor vehicle accident, including costs for a psychiatric evaluation, an OCF-19, attendant care, and housekeeping benefits.

The arbitrator dismissed all claims, finding that the applicant failed to seek pre-approval for the psychiatric evaluation and that the charge for the OCF-19 was unreasonable.

Furthermore, the arbitrator found the applicant and his spouse lacked credibility, noting significant inconsistencies in their evidence and a failure to disclose relevant pre-existing medical conditions to assessors.

As the substantive claims were denied, claims for interest and a special award were also dismissed.

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

After his representatives were removed from the record due to his unresponsiveness, the applicant failed to attend the scheduled arbitration hearing.

The arbitrator found that the applicant had been properly served with the Notice of Hearing at his last known address.

Because the applicant failed to participate and provide evidence, he failed to meet his burden of proof.

The claims were dismissed, and the insurer was awarded $750 in expenses due to the applicant's conduct in prolonging and obstructing the proceedings.

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

Following unsuccessful mediation, the applicant applied for arbitration at the Financial Services Commission of Ontario.

The published decision text is incomplete, omitting the specific issues, analysis, and final order.

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

After his paralegal withdrew due to a breakdown in the relationship, the applicant failed to attend the pre-hearing discussion and the arbitration hearing.

The arbitrator dismissed the claims because the applicant failed to meet his burden of proof.

The insurer was awarded $500 in expenses due to its complete success and the applicant's failure to participate, which prolonged the proceedings.