Kimberly Parish

The applicant sought statutory accident benefits following a motor vehicle accident but failed to attend a pre-hearing discussion and the scheduled arbitration hearing.

The applicant's counsel also failed to attend or provide prior notice.

The arbitrator proceeded in the applicant's absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.

As the applicant bore the onus of proving entitlement and presented no evidence, the application was dismissed.

The insurer was awarded $750 in expenses.

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

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

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

The insurer subsequently moved to dismiss the application for arbitration with costs.

After providing the applicant with an opportunity to contact the tribunal, which he failed to do, the arbitrator dismissed the application and awarded $5,000 in expenses to the insurer.

The Insurer brought a motion to stay the arbitration hearing pending the Applicant's attendance at a follow-up insurer's psychiatric examination.

The Applicant had submitted new medical information regarding his psychological state 19 months after the Insurer's initial psychiatric assessment.

The Arbitrator found that the Insurer's request for a follow-up in-person assessment was reasonable and necessary to address the new information and determine catastrophic impairment.

The Arbitrator held that proceeding without the assessment would be procedurally unfair to the Insurer.

The motion was granted and the hearing was stayed.

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

After failing to appear at a pre-hearing discussion, the applicant and his legal representative were sent an attendance notice for an in-person hearing.

When the applicant again failed to appear or contact the arbitrator, the arbitration proceeded in his absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.

As the applicant bore the onus of proving entitlement and presented no evidence, the application was dismissed.

The applicant was ordered to pay the insurer's expenses of $750.00.

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

The applicant failed to attend a pre-hearing discussion and the subsequent arbitration hearing, despite being provided with notice.

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

No expenses were awarded as the insurer did not request them.

The applicant was injured in a motor vehicle accident and sought accident benefits from the Motor Vehicle Accident Claims Fund.

The parties reached a settlement on all substantive issues prior to arbitration, but the insurer failed to pay the agreed settlement amount of $476,037.97, arguing it could not be separated from the unresolved issue of costs.

The arbitrator found the insurer's conduct caused unnecessary and unfair delay, ordering the settlement amount and disbursements to be paid forthwith.

The arbitrator also assessed the applicant's legal fees, awarding $46,100.40 plus HST based on a reasonable allocation of hours for the complex file.

The Applicant was injured in a motor vehicle accident and sought statutory accident benefits from the Insurer.

After failing to participate in a pre-hearing discussion and the subsequent arbitration hearing, despite being provided notice, the Arbitrator dismissed the Application for Arbitration.

The Applicant was ordered to pay $500 in expenses to the Insurer.

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

After failing to attend a pre-hearing discussion, a resumption of the pre-hearing, and the scheduled arbitration hearing, the arbitrator proceeded in the applicant's absence.

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

The insurer was awarded $750 in expenses due to the applicant's failure to participate and advance the claim.

The applicant sought statutory accident benefits following a motor vehicle accident but failed to attend a pre-hearing discussion and the scheduled arbitration hearing.

The applicant's counsel also failed to attend.

The arbitrator proceeded in the applicant's absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.

As the applicant bore the onus of proving entitlement and presented no evidence, the application was dismissed.

The insurer was awarded $500.00 in expenses due to the applicant's failure to advance the application.

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

Their legal representative brought a motion to withdraw due to a breakdown in the solicitor-client relationship.

The arbitrator granted the motion to withdraw for one applicant but denied it for the other two due to errors in the motion materials.

As the Applicants failed to participate in the hearing or advance their claims, the arbitrator dismissed their applications for arbitration.

The Insurer was awarded expenses of $750 against each Applicant.

The Insurer's request for repayment of assessment costs was denied as it had not been mediated.

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

After failing to attend a pre-hearing discussion, the applicant was given notice of the arbitration hearing but again failed to appear.

The arbitrator proceeded in the applicant's absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.

As no evidence was presented to support the claim, the application was dismissed.

The applicant was ordered to pay the insurer's expenses in the amount of $960.78.

The applicant sought accident benefits following a motor vehicle accident.

Her legal counsel brought a motion to be removed from the record due to a complete breakdown in the solicitor-client relationship and an inability to contact the applicant for several months.

The applicant failed to participate in a scheduled pre-hearing discussion and the subsequent motion hearing.

The arbitrator granted counsel's request to be removed from the record and dismissed the application for arbitration without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding the application frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer did not seek expenses.