Knox M. Henry

The applicant brought a motion seeking clarification of an earlier decision on expenses following a finding of catastrophic impairment.

The insurer argued the arbitrator lacked jurisdiction under section 286 of the Insurance Act because the decision was under appeal.

Relying on an endorsement from the Divisional Court, the arbitrator assumed jurisdiction to clarify the decision.

The arbitrator clarified that the $361,520.30 awarded for attendant care and housekeeping benefits was not in addition to amounts already paid by the insurer, and confirmed that the parties had been given ample opportunity to make written submissions regarding the special award.

The insurer brought a motion to dismiss the applicant's application for arbitration for statutory accident benefits as frivolous under Rule 68 of the Dispute Resolution Practice Code.

The insurer had already paid attendant care benefits up to the non-catastrophic policy limit of $36,000.

The applicant sought to add the issue of catastrophic impairment, but the arbitrator found the applications for catastrophic determination were not submitted before the FSCO cut-off date to add issues.

The arbitrator dismissed the application for arbitration, finding no further attendant care benefits were payable and no basis for a special award.

No costs were awarded.

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

After the applicant failed to attend multiple pre-hearing discussions, the insurer brought a motion to dismiss the proceeding under Rule 68 of the Dispute Resolution Practice Code.

The applicant's counsel argued that the applicant's non-attendance was due to a traumatic brain injury, addiction issues, and incarceration.

The arbitrator found that the applicant had been given sufficient notice and failed to respect the tribunal's jurisdiction.

The proceeding was dismissed, but no expenses were awarded to the insurer due to the applicant's health and social challenges.

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

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

As the applicant failed to appear and presented no evidence to support his claims, the application for arbitration was dismissed.

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