Jeffrey Rogers

Following the dismissal of the applicants' claims for non-earner benefits, the insurer sought its expenses of the arbitration.

The arbitrator found the insurer was entitled to its expenses based on its complete success, despite some conduct that prolonged the hearing.

The insurer voluntarily reduced its claim to $5,000 inclusive of taxes and disbursements.

After disallowing a non-recoverable disbursement for reporting services, the arbitrator ordered each applicant to pay the insurer $2,029.92 in expenses.

The applicant was struck on the head by a parking garage control arm while walking into the garage behind a car.

He applied for statutory accident benefits, but the insurer denied the claim, arguing the incident was not an 'accident' under section 2(1) of the Schedule.

The arbitrator found that the car entering the garage triggered the arm to lift and lower, satisfying both the purpose and causation tests.

The arbitrator concluded that the use or operation of the car directly caused the injury, and therefore the applicant was injured in an 'accident'.

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

The parties disputed the hourly rate for attendant care benefits and whether the applicant was precluded from claiming housekeeping benefits due to a limitation period.

The arbitrator held that the rate for attendant care benefits is determined by the prevailing Form 1 under the Schedule, not the minimum wage under the Employment Standards Act.

The arbitrator also held that the applicant was precluded from arbitrating the housekeeping benefits claim because he failed to apply for mediation within two years of the insurer's clear and unequivocal denial.

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

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

The applicant failed to attend scheduled pre-hearings and the arbitration hearing.

The applicant's paralegal representative sought to be removed from the record due to a breakdown in the relationship and lack of instructions.

The arbitrator granted the motion to remove the representative from the record, dismissed the arbitration due to the applicant's failure to participate and present evidence, and ordered the applicant to pay the insurer's expenses of $1,336.37.

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

Following a dispute, the applicant applied for arbitration but subsequently lost contact with her counsel and failed to attend the pre-hearing or the hearing.

At the hearing, the applicant's counsel brought an unopposed motion to be removed from the record due to a breakdown in the solicitor-client relationship, which was granted.

As the applicant failed to participate or tender any evidence in support of her claims, the arbitrator dismissed the arbitration and ordered the applicant to pay $1,000 in expenses to the insurer.

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

After disputes arose, she applied for arbitration but subsequently lost contact with her counsel and failed to attend a pre-hearing discussion.

On the date of the hearing, her counsel brought an unopposed motion to be removed from the record due to a breakdown in the solicitor-client relationship.

The arbitrator granted the motion, removed counsel from the record, and dismissed the arbitration due to the applicant's failure to participate or tender evidence.

The applicant was ordered to pay the insurer's expenses in the amount of $1,000.

The applicant applied for statutory accident benefits following an alleged motor vehicle accident.

The insurer subsequently obtained evidence suggesting the applicant was not injured in an accident as defined in the Schedule.

After the applicant's representative was removed from the record, the applicant failed to participate in a resumed pre-hearing discussion and did not attend the scheduled arbitration hearing.

The arbitrator dismissed the arbitration due to the applicant's failure to attend and tender evidence, and ordered the applicant to pay the insurer's expenses in the amount of $1,500.

The insurer brought a motion for the production of various documents in an accident benefits dispute.

The arbitrator ordered the applicant to produce police, Crown, probation, and incarceration files related to his pre- and post-accident involvement in the criminal justice system, subject to claims of privilege, as they were relevant to his claims for non-earner benefits, attendant care, and catastrophic impairment.

The arbitrator denied the insurer's request for the applicant's complete elementary and middle school records and complete family doctor records, finding that the applicant had already produced the reasonably necessary documents.

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

After mediation failed, the applicant applied for arbitration but subsequently failed to attend multiple pre-hearing discussions and the scheduled arbitration hearing.

The applicant's representative was removed from the record due to a breakdown in the solicitor-client relationship.

As the applicant failed to attend the hearing and presented no evidence to support her claims, the arbitrator dismissed the arbitration and ordered the applicant to pay the insurer's expenses in the amount of $500.

The applicants, twin brothers who were 11 years old at the time, claimed non-earner benefits (NEBs) alleging they suffered psychological or mental injuries as a result of their mother's physical injuries in a 2004 motor vehicle accident.

The arbitrator found that while the applicants' lives changed after the accident, primarily due to their mother's condition and their parents' subsequent separation, they failed to prove they sustained a psychological or mental injury within 104 weeks of the accident.

Furthermore, their post-accident school performance and overall function were consistent with their pre-accident demonstrated potential.

The applications for NEBs were dismissed.

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

Disputes arose and the applicant applied for arbitration at the Financial Services Commission of Ontario.

The applicant failed to attend the hearing and failed to instruct his representative.

The arbitrator granted the representative's motion to be removed from the record due to a breakdown in the relationship.

As the applicant bore the onus of proving entitlement to the claimed benefits and presented no evidence, the arbitration was dismissed.

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

Disputes arose and the applicant applied for arbitration.

The applicant's counsel was removed from the record at a pre-hearing discussion due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the arbitration hearing despite receiving notice.

As the applicant bore the onus of proving entitlement to the claimed benefits and provided no evidence, the arbitrator dismissed the arbitration.

The parties settled all issues in the arbitration, and the Arbitrator previously issued an order staying the arbitration with specific terms for dismissal.

The applicant brought a motion arguing that the Arbitrator's written reasons contained an additional term reserving discretion to schedule new hearing dates within 12 months.

The Arbitrator dismissed the motion, finding that any term or reservation of discretion must be found in the formal order, not just the reasons, and that the previous order only reserved discretion in the specific event that the insurer terminated income replacement benefits.

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

The insurer issued a denial of income replacement benefits (IRBs) before the applicant had actually claimed them.

More than two years later, the applicant applied for mediation of the IRB claim.

The insurer argued the claim was statute-barred by the two-year limitation period and that the applicant failed to provide timely notice of her intention to apply.

The Arbitrator held that a pre-emptive denial of an unclaimed benefit does not trigger the limitation period.

Furthermore, the applicant was not precluded from claiming IRBs for late notice, as the insurer had received sufficient information early on regarding her recent retirement to begin adjusting the claim but failed to do so.

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

After disputes arose, the applicant applied for arbitration but failed to participate in the process or attend the hearing despite proper notice.

As the applicant bore the onus of proving entitlement and presented no evidence, the arbitrator dismissed the arbitration.

The applicant was injured in a motor vehicle accident and applied for arbitration of her claims for statutory accident benefits.

The parties settled the claims on the eve of the hearing, with the insurer agreeing to pay the applicant's arbitration expenses.

The parties could not agree on the amount, leading to this hearing.

The arbitrator reduced the claimed legal fees, finding 50 hours reasonable instead of the claimed 62.625 hours, and deducted a small amount for parking and mileage from the disbursements.

The applicant was awarded $18,385.66 in fees and disbursements.

Following a partial settlement of the applicant's claims for statutory accident benefits, the parties could not agree on the quantum of expenses payable by the insurer.

The arbitrator assessed the applicant's legal fees and disbursements, reducing the claimed hours and applying a 40% reduction to account for work related to unsettled issues.

The arbitrator awarded $14,140.18 in expenses but allowed the insurer to set off $1,000 previously ordered against the applicant for a late disclosure adjournment, resulting in a net award of $13,140.18.

The applicant applied for statutory accident benefits following an alleged motor vehicle accident.

The insurer denied the claim on the basis that the applicant was not involved in an 'accident'.

At the scheduled arbitration hearing, the applicant failed to attend.

Her representatives brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, which was granted.

The insurer moved to dismiss the arbitration.

As the applicant bore the onus of proving she was in an accident and presented no evidence, the arbitration was dismissed.

The applicant applied for statutory accident benefits following an alleged motor vehicle accident.

The insurer refused to pay benefits, arguing the applicant was not involved in an 'accident' as defined in the Schedule.

The matter proceeded to arbitration.

The applicant failed to attend the hearing.

The applicant's representative brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, which was granted.

The insurer moved to dismiss the arbitration.

As the applicant bore the onus of proving he was injured in an accident and presented no evidence, the arbitrator dismissed the arbitration.

The applicant applied for statutory accident benefits following a motor vehicle accident, which the insurer denied on the basis that she was not involved in an 'accident'.

The applicant failed to attend the scheduled arbitration hearing.

Her representatives brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, and the insurer moved to dismiss the arbitration.

The arbitrator granted both motions, removing the representatives from the record and dismissing the arbitration due to the applicant's failure to present evidence.