Who is Lawrence Blackman?

Lawrence Blackman is a director's delegate at the Ontario Financial Services Commission - Dispute Resolution Services with 293 decisions on record from 1995 to 2016. Key areas include statutory accident benefits schedule matters (sabs), other tribunals, administrative law.

What tribunal does Lawrence Blackman sit on?

Lawrence Blackman sits on the Ontario Financial Services Commission - Dispute Resolution Services.

What areas of law does Lawrence Blackman decide?

Lawrence Blackman's most common areas include Statutory Accident Benefits Schedule matters (SABS) (292 decisions), Other Tribunals (60 decisions), Administrative Law (44 decisions). Lawrence Blackman has handled 293 decisions across 5 areas.

How many decisions has Lawrence Blackman made?

Lawrence Blackman has 293 decisions on record from 1995 to 2016.

Who frequently appears before Lawrence Blackman?

Representatives who frequently appear before Lawrence Blackman include Robert S. Franklin, Owen Elliot, Murray Tkatch.

Lawrence Blackman — Director's Delegate

State Farm Mutual Automobile Insurance Company v. David Jazey, 2016 ONFSCDRS 205

Appeal largely dismissed; insurer ordered to pay benefits, special award, and costs for unreasonably withholding payments.

The appellant insurer appealed an arbitration decision awarding the respondent insured various statutory accident benefits, including attendant care, a hot tub, massage therapy, psychological counseling, and ergonomic equipment, as well as a special award and legal expenses.

The Director's Delegate dismissed most of the appeal, finding no errors of law in the Arbitrator's awards for the benefits, interest, and the special award, noting the insurer unreasonably withheld payments by relying on flawed medical assessments that applied incorrect legal tests.

The Delegate found the Arbitrator erred by failing to provide reasons for allowing an increased claim for ergonomic equipment and for awarding legal expenses.

With the parties' consent, the Delegate redetermined these issues, denying the increased equipment costs but awarding the original amount plus HST, and fixing the respondent's arbitration legal expenses at $95,633.79 and appeal legal expenses at $24,179.67.

OFSCDRSJul 29, 2016

State Farm Mutual Automobile Insurance Company v. Ya Lin Dave Li, 2016 ONFSCDRS 190

Insurer's appeal dismissed for bad faith after failing to file transcripts and ignoring tribunal communications.

The appellant insurer appealed an arbitration decision awarding statutory accident benefits and a special award to the respondent.

The appellant failed to provide the required arbitration transcripts, ignored multiple communications from the appeals office, and abruptly attempted to withdraw the appeal without following proper procedures.

The Director's Delegate found that the appellant's course of conduct demonstrated a willful disregard for the appeal process and that the appeal was commenced in bad faith.

The appeal was dismissed without a hearing pursuant to Rule 68.1 of the Dispute Resolution Practice Code.

OFSCDRSJul 14, 2016

Kumuthakumary Kulaveerasingam v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 177

Appeal allowed; interest on overdue benefits under transitional policy remains at 2% per month.

The appellant was injured in a motor vehicle accident on October 29, 2010, and claimed statutory accident benefits under a transitional policy.

The arbitrator held that interest on overdue benefits was payable at the reduced rate of 1% per month under the New Regulation.

On appeal, the Director's Delegate found that the arbitrator erred in law by failing to apply the specific transition provisions in the Old and New Regulations, which preserved the 2% per month interest rate for amounts determined under the Old Regulation.

The appeal was allowed, and the appellant was awarded interest at 2% per month, compounded monthly.

OFSCDRSJun 21, 2016

Charmaine Marie Green v. Belair Insurance Company Inc., 2016 ONFSCDRS 119

Appeal hearing adjourned to allow new ground of appeal; appellant ordered to pay costs thrown away.

The Appellant appealed an arbitration decision denying her claims for statutory accident benefits.

At the oral appeal hearing, the Appellant raised a new ground of appeal based on section 38.2 of the 1996 Schedule, which had not been previously raised or briefed.

To ensure fairness and avoid litigation by stealth, the Director's Delegate adjourned the hearing to allow for written submissions on whether the new ground should be permitted and its substance.

The Appellant was ordered to pay the Respondent $750 in costs thrown away for the adjourned hearing.

OFSCDRSApr 19, 2016

Shaazil Khan v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 120

Arbitrator's costs order against 11-year-old minor stayed pending appointment of litigation guardian.

The arbitrator ordered an 11-year-old minor to personally pay the respondent's arbitration legal expenses of $3,172.50.

The minor appealed and sought a stay of the order.

The Director's Delegate granted the stay, noting that proceedings involving minors must be brought through a litigation guardian who acknowledges liability for costs.

The appeal was put over to allow the parties to request the arbitrator to amend the title of proceedings and the expense order to reflect that any costs are payable by the litigation guardian, not the minor personally.

OFSCDRSApr 19, 2016

State Farm Mutual Automobile Insurance Company v. Waldock, 2016 ONFSCDRS 84

Stay of arbitrator's benefits and special award order granted pending appeal due to procedural fairness concerns.

The appellant insurer sought a stay of an arbitrator's order awarding the respondent insured over $360,000 in attendant care and housekeeping benefits, interest, a special award, and legal expenses.

The insurer argued it was denied procedural fairness because it was not given notice that the arbitrator would determine entitlement to and quantum of these benefits and the special award at the expense hearing.

The Director's Delegate found strong substance to the argued error of law regarding procedural fairness and granted a stay of the benefits, interest, special award, and a portion of the legal expenses pending the appeal.

The respondent's motion to estop the appeal and the appellant's cross-motion to strike affidavit material were dismissed.

OFSCDRSMar 18, 2016

Shaun Edwards v. Optimum Frontier Insurance Company, 2016 ONFSCDRS 79

Stay of arbitrator's expense order granted pending appeal due to lack of submissions and reasons.

The appellant sought a stay of an arbitrator's order awarding legal expenses to the respondent insurer, pending an appeal.

The Director's Delegate granted the stay, finding special circumstances existed because the arbitrator made the expense order without receiving submissions and without providing reasons, which constituted a breach of natural justice.

The stay was granted as the appellant would suffer hardship if required to pay the expenses immediately, while the respondent would suffer no prejudice.

OFSCDRSMar 10, 2016

Yohannes Berhe v. Northbridge General Insurance Corporation, 2016 ONFSCDRS 74

Appeal of accident benefits arbitration dismissal rejected for failing to raise a question of law.

The appellant appealed an arbitrator's decision dismissing his application for arbitration regarding statutory accident benefits on the basis that it was filed beyond the two-year limitation period.

The appellant, who was self-represented and had been incarcerated, sought multiple extensions of time to file his appeal submissions.

The Director's Delegate refused to grant further extensions and rejected the appeal under Rule 51.2(b) of the Dispute Resolution Practice Code because it did not raise a question of law, but rather disputed the arbitrator's factual findings.

The respondent was awarded $1,250 in legal expenses for the appeal.

OFSCDRSMar 4, 2016

State Farm Mutual Automobile Insurance Company v. Iram Ansari, 2016 ONFSCDRS 73

Insurer's request to stay an arbitrator's special award pending appeal dismissed for lack of strong grounds.

The appellant insurer sought to stay an arbitrator's order requiring it to pay a special award and legal expenses to the respondent insured, pending an appeal.

The arbitrator had found the insurer unreasonably delayed paying benefits and adjusting the claim.

The Director's Delegate dismissed the request for a stay, finding that the insurer failed to demonstrate strong grounds for the appeal or that it would suffer prejudice if the stay was not granted, whereas granting the stay would undermine the legislative purpose of the special award to punish and deter unreasonable delay.

OFSCDRSMar 4, 2016

Fatemea Rezaiezadeh v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 59

Arbitrator erred in requiring insured to communicate impecuniosity to invoke deemed incurred provision for attendant care.

The appellant appealed an arbitrator's decision dismissing her claim for attendant care benefits and a special award.

The arbitrator had found that the appellant did not clearly communicate her impecuniosity to the insurer, and therefore the insurer did not unreasonably withhold benefits under subsection 3(8) of the Statutory Accident Benefits Schedule.

The Director's Delegate rescinded the decision, holding that subsection 3(8) does not require an insured to communicate their financial inability to pay as a pre-requisite to deeming an expense incurred.

The matter was remitted to a different arbitrator for a new hearing.

OFSCDRSFeb 19, 2016

Ioan Nagy v. Jevco Insurance Company, 2016 ONFSCDRS 58

Preliminary motion to reject appeal dismissed; standing issues deferred pending review of arbitration transcript.

The appellant sought leave to appeal an arbitrator's decision which found that a settlement disclosure and full and final release precluded him from proceeding to arbitration.

The respondent argued the appeal should be rejected for lack of standing, asserting the appellant had not participated and the appeal was brought by a third-party service provider.

The Director's Delegate declined to reject the appeal at the preliminary stage, finding the arbitrator's decision was a final decision of all issues in dispute and that there was insufficient evidence to reject the appeal for lack of standing without a full record.

OFSCDRSFeb 19, 2016

Sukhdev Singh Randhawa v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 44

Request for stay of arbitrator's expense order pending appeal denied as premature.

The appellant sought to appeal an arbitrator's preliminary decision that found his injuries did not result from an accident as defined in the Statutory Accident Benefits Schedule.

The appellant also requested a stay of any order regarding arbitration expenses pending the appeal.

The Director's Delegate found that the appeal did not require leave as it effectively determined all substantive issues.

However, applying the Armstrong criteria, the Delegate declined to grant a stay of the arbitrator's expense order, noting that a stay is an exceptional remedy and the arbitrator had not yet issued an order requiring monetary payment.

The stay request was dismissed without prejudice to renew.

OFSCDRSFeb 5, 2016

Andrew Reichert v. Gore Mutual Insurance Company, 2016 ONFSCDRS 5

Limitation period for attendant care benefits is only triggered by a clear and unequivocal refusal.

The appellant, who was catastrophically injured in a motor vehicle accident, sought retroactive attendant care benefits.

The insurer argued the claim was statute-barred because the appellant failed to mediate within two years of the insurer's determinations of the amounts it would pay.

The arbitrator agreed, finding the appellant had a positive obligation to dispute the insurer's assessments in a timely manner.

On appeal, the Director's Delegate rescinded the arbitrator's decision, holding that the limitation period under the Insurance Act is only triggered by a clear and unequivocal refusal to pay the benefit claimed.

The insurer's explanations of benefits and letters stating what it would pay did not constitute a proper refusal.

The appellant was permitted to proceed to arbitration on the merits of his claim.

OFSCDRSJan 6, 2016

Eleanor Carr v. TD General Insurance Company, 2015 ONFSCDRS 276

Stay of arbitrator's costs order granted pending appeal of decision denying accident benefits for fire truck fall.

The appellant, a five-year-old child injured after falling from a fire truck at a birthday party, appealed an arbitrator's decision denying her claim for statutory accident benefits.

The arbitrator had found the incident did not meet the definition of an 'accident' because the fire truck was being used for entertainment rather than as a motor vehicle, and awarded costs to the respondent insurer.

The appellant sought a stay of the costs order pending the appeal.

The Director's Delegate granted the stay, finding the appeal was bona fide, had substantive grounds, and that the balance of hardship favoured the appellant.

OFSCDRSDec 31, 2015

Bhupinder Singh Grewal v. AIG Commercial Insurance Company of Canada, 2015 ONFSCDRS 244

Appellant ordered to pay $5,000 in costs following unsuccessful and unnecessarily complicated appeal.

OFSCDRSNov 17, 2015

Wawanesa Mutual Insurance Company v. Ilir Kraja, 2015 ONFSCDRS 238

Interlocutory appeal of catastrophic impairment finding rejected; arbitrator correctly applied binding GCS score test.

The appellant insurer sought to appeal an arbitrator's preliminary decision which found that the respondent insured had sustained a catastrophic impairment following a motor vehicle accident.

The arbitrator based this finding on the respondent's Glasgow Coma Scale scores of 9 and a diagnosis of concussion, applying the binding legal test that the severity of the brain injury is irrelevant if the statutory GCS criteria are met.

The Director's Delegate rejected the interlocutory appeal, finding no strong grounds to depart from established case law and concluding that the most efficient resolution was to defer any appeal until all issues in the arbitration were finally decided.

The Delegate also refused to stay the arbitrator's order, noting the hardship a stay would cause the respondent whose minor injury benefits had been exhausted.

OFSCDRSNov 10, 2015

Rita Boateng v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 233

Arbitration appeal dismissed regarding income replacement benefits but allowed regarding legal expenses due to procedural fairness breach.

The Appellant appealed an arbitration decision that denied her claim for post-104 week income replacement benefits (IRBs) and ordered each party to bear their own legal expenses.

The Director's Delegate upheld the denial of IRBs, finding no error of law in the Arbitrator's assessment of the evidence and credibility, noting that an appellate officer cannot retry the case or substitute findings of fact.

However, the Delegate found that the Arbitrator breached procedural fairness by deciding the issue of legal expenses without providing the parties an opportunity to make submissions.

The legal expenses issue was remitted to arbitration for redetermination.

The Appellant was awarded $500 in appeal costs.

OFSCDRSNov 6, 2015

Murat Cankaya v. Unifund Assurance Company, 2015 ONFSCDRS 214

Arbitrator erred in refusing to combine arbitrations and failing to apply the nexus test.

The appellant was injured in an accident and applied for statutory accident benefits to Unifund, and later to Intact.

Both insurers denied payment.

The arbitrator refused to combine the two arbitrations and set a preliminary issue regarding a coverage exclusion under the Unifund policy.

On appeal, the Director's Delegate found the arbitrator erred in law.

The arbitrations were combined on consent, and the preliminary issue was redefined to apply the 'nexus test' to determine if Unifund, as the first insurer to receive the application, was obliged to commence payment of benefits pending any priority dispute.

Unifund was ordered to pay the appeal costs of both the appellant and Intact.

OFSCDRSOct 23, 2015

John Cook v. RBC General Insurance Company, 2015 ONFSCDRS 215

Successful appellant awarded $7,900.42 in appeal expenses with an increased hourly rate for counsel.

The appellant sought his legal expenses following a successful appeal regarding interim legal expenses for catastrophic impairment reports.

The respondent agreed the appellant was entitled to expenses but disputed the amount claimed.

The Director's Delegate found that the novelty and importance of the issues justified an increased hourly rate of $150 for the appellant's counsel.

Taking into account the overriding consideration of reasonableness and proportionality, the Delegate fixed the appellant's legal expenses of the appeal at $7,900.42, inclusive of fees, disbursements, and HST.

OFSCDRSOct 23, 2015

Wawanesa Mutual Insurance Company v. Lee-Anne Henderson, 2015 ONFSCDRS 198

Insurer's appeal of preliminary order for catastrophic assessment funding rejected; stay of order denied.

The insurer sought leave to appeal and a stay of an arbitrator's preliminary order requiring it to fund a catastrophic impairment assessment.

The Director's Delegate rejected the appeal at this time, finding it more efficient to wait until the main arbitration concluded to avoid a multiplicity of appeals.

The request for a stay of the arbitrator's order was also denied, as the insurer was in a better position to bear the risk of non-recovery than the insured person.

OFSCDRSSep 30, 2015

State Farm Mutual Automobile Insurance Company v. David Jazey, 2016 ONFSCDRS 205

State Farm Mutual Automobile Insurance Company v. Ya Lin Dave Li, 2016 ONFSCDRS 190

Kumuthakumary Kulaveerasingam v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 177

Charmaine Marie Green v. Belair Insurance Company Inc., 2016 ONFSCDRS 119

Shaazil Khan v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 120

State Farm Mutual Automobile Insurance Company v. Waldock, 2016 ONFSCDRS 84

Shaun Edwards v. Optimum Frontier Insurance Company, 2016 ONFSCDRS 79

Yohannes Berhe v. Northbridge General Insurance Corporation, 2016 ONFSCDRS 74

State Farm Mutual Automobile Insurance Company v. Iram Ansari, 2016 ONFSCDRS 73

Fatemea Rezaiezadeh v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 59

Ioan Nagy v. Jevco Insurance Company, 2016 ONFSCDRS 58

Sukhdev Singh Randhawa v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 44

Andrew Reichert v. Gore Mutual Insurance Company, 2016 ONFSCDRS 5

Eleanor Carr v. TD General Insurance Company, 2015 ONFSCDRS 276

Bhupinder Singh Grewal v. AIG Commercial Insurance Company of Canada, 2015 ONFSCDRS 244

Wawanesa Mutual Insurance Company v. Ilir Kraja, 2015 ONFSCDRS 238

Rita Boateng v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 233

Murat Cankaya v. Unifund Assurance Company, 2015 ONFSCDRS 214

John Cook v. RBC General Insurance Company, 2015 ONFSCDRS 215

Wawanesa Mutual Insurance Company v. Lee-Anne Henderson, 2015 ONFSCDRS 198

appearing for the Respondent, Intact Insurance Company

appearing for the Respondent, Unifund Assurance Company

counsel of record for the Respondent, Intact Insurance Company

counsel of record for the Respondent, Unifund Assurance Company

for A.B.

for Alexander Maryasin (The Estate of)

for Allianz Insurance Company of Canada

for Allstate

for Allstate Insurance Company of Canada

for American

for Angelo and Giovanna Lionti

for Aviva Canada Inc.

for Aviva Insurance Company of Canada (Formerly Pilot Insurance Company)

for AXA

for AXA Insurance (Canada)

for B

for Belair

for Belair Insurance Company Inc.

for B.P.

for Canadian General Insurance Group

for Certas Direct Insurance Company

for Citadel General Assurance Company

for Co-operators

for Co-operators General Insurance Company

for C.R.

for Dominion of Canada General Insurance Company

for Economical Mutual Insurance Co.

for Economical Mutual Insurance Company

for Elma Mutual Insurance Company

for General Accident

for Gore Mutual Insurance Company

for her son, Mr. Roman Luskin

for himself

for ING

for ING Halifax Insurance Company

for ING-Halifax Insurance Company

for ING Insurance Company of Canada

for Irma Melchiorre on her on behalf and as Administratrix of the Estate of Alberto Melchiorre

for Kingsway General

for Kingsway General Insurance Company

for L.F.

for Liberty Insurance Company of Canada

for Liberty Mutual Fire Insurance Company

for Liberty Mutual Insurance Company

for Lloyd's

for Lombard General Insurance Company of Canada

for Lumbermens Mutual Casualty Company

for Mr. Abulibdeh

for Mr. Alexander Mazin

for Mr. Alnoor Jadavji

for Mr. and Mrs. Balausiak

for Mr. and Mrs. Larizza

for Mr. Bogdantsev

for Mr. Bouder

for Mr. Boyer

for Mr. Champaigne

for Mr. DesRoches

for Mr. Dyczok

for Mr. El-Zein

for Mr. Falahi