Paulina Gueller

The applicant sought accident benefits following a motor vehicle accident.

After his representative was removed from the record, the applicant failed to attend multiple pre-hearings and the preliminary issue hearing, despite receiving proper notice.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration due to the applicant's failure to provide evidence in support of his claims.

The insurer was awarded $3,102.00 in legal expenses and disbursements.

The Applicant sought arbitration for statutory accident benefits following a motor vehicle accident.

The Insurer raised a preliminary issue regarding a $3,000 claim for chiropractic treatment submitted via an OCF-6 Expense Form rather than an OCF-18 Treatment Plan.

The Arbitrator found that under sections 38 and 39 of the Statutory Accident Benefits Schedule, the expenses were improperly submitted because no Treatment Plan was provided and the Insurer had not waived the requirement.

As the Applicant did not participate or provide evidence to the contrary, the Arbitrator concluded there was no valid dispute over which FSCO had jurisdiction.

The Applicant was therefore precluded from proceeding to arbitration on this specific claim.

The applicant sought accident benefits following a motor vehicle accident but subsequently failed to attend three pre-hearings or respond to the insurer's motion to dismiss.

The arbitrator found that the applicant had abandoned her claim and dismissed the application for arbitration as frivolous under Rule 68.1 of the Dispute Resolution Practice Code.

The insurer was awarded $750 in expenses.

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

The arbitrator dismissed the application for arbitration due to the applicant's failure to pursue the claim and awarded $500 in expenses to the insurer.

The applicant sought statutory accident benefits after falling from a passenger cart inside an airport terminal.

The insurer argued the cart was not an automobile under the Insurance Act.

Applying the three-part test from Adams v. Pineland Amusements Ltd., the arbitrator found the cart was not an automobile in ordinary parlance, was not defined as such in the policy, and did not require insurance under any statute.

The application for arbitration was dismissed, and the applicant was ordered to pay $1,500 in expenses to the insurer.

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

The applicant's counsel sought to be removed from the record but was denied for failing to comply with Rule 9.7 of the Dispute Resolution Practice Code.

As the applicant failed to appear and presented no evidence to support her claims, the application for arbitration was dismissed without costs.

The applicant was injured in a motor vehicle accident and received income replacement benefits (IRBs).

She later returned to work part-time.

The parties disputed the correct method for calculating the IRB deduction for her post-accident part-time income.

The applicant argued for an 'Equitable Approach' where her income would be prorated based on the hours she was unable to work.

The insurer argued that under section 7(3) of the Schedule, 70% of her gross weekly employment income should be deducted from her IRB entitlement.

The arbitrator agreed with the insurer, finding that the law requires the deduction to be based on the weekly income earned, not on a percentage of working versus non-working hours.

The self-represented applicant failed to attend pre-hearings or respond to correspondence regarding her application for statutory accident benefits, citing her son's hospitalization.

The insurer brought a motion to dismiss the claim and sought expenses.

The arbitrator found that the applicant had constructively withdrawn her claim and deemed the application withdrawn pursuant to Rule 70 of the Dispute Resolution Practice Code.

The arbitrator declined to make orders regarding future applications, finding no authority to do so.

The insurer's request for expenses was denied, as the insurer unnecessarily prolonged the process by pursuing the motion to dismiss despite knowing the unrepresented applicant intended to withdraw.

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

After his counsel was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to attend the pre-hearing and the arbitration hearing.

The arbitrator proceeded in his absence and dismissed the claims due to a lack of evidence, finding the application abandoned.

The applicant was ordered to pay $500 in expenses to the insurer.