Patrick N. Bowles

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

After her legal representative was removed from the record due to a breakdown in the relationship and inability to communicate, the applicant failed to participate in the proceedings.

The insurer brought a motion to dismiss the application and for expenses.

The arbitrator found the application had become frivolous and vexatious due to the applicant's lack of cooperation and dismissed the application under Rule 68 of the Dispute Resolution Practice Code.

The insurer was awarded expenses of $1,761.56 based on Legal Aid rates.

The Applicant sought her expenses and a Special Award following a successful arbitration for statutory accident benefits against the Insurer.

The Arbitrator found that the Insurer unreasonably withheld and delayed payments for Non-Earner and Medical Benefits despite compelling medical evidence from the Applicant's experts.

The Insurer's conduct, including an inadequate all-inclusive settlement offer, warranted a Special Award.

The Arbitrator ordered the Insurer to pay the Applicant's expenses fixed at $28,415.06 plus HST, and a Special Award of $13,000.00 inclusive of interest.

The applicant was injured in a motor vehicle accident and exhausted her medical and rehabilitation benefits.

She applied for funding for a Catastrophic Impairment Assessment to access the next tier of benefits.

The insurer denied the request, arguing that the assessment costs were subject to the exhausted $50,000 limit under section 18 of the Statutory Accident Benefits Schedule.

The Arbitrator held that a catastrophic impairment determination is a process, not a benefit, and the assessment expenses are payable under section 25 of the Schedule, independent of the section 18 limits.

The insurer was ordered to pay the $9,492 assessment expense.