Who is Richard Feldman?

Richard Feldman is a arbitrator at the Ontario Financial Services Commission - Dispute Resolution Services with 141 decisions on record from 2005 to 2016. Key areas include statutory accident benefits schedule matters (sabs), other tribunals, administrative law.

What tribunal does Richard Feldman sit on?

Richard Feldman sits on the Ontario Financial Services Commission - Dispute Resolution Services.

What areas of law does Richard Feldman decide?

Richard Feldman's most common areas include Statutory Accident Benefits Schedule matters (SABS) (141 decisions), Other Tribunals (34 decisions), Administrative Law (4 decisions). Richard Feldman has handled 141 decisions across 6 areas.

How many decisions has Richard Feldman made?

Richard Feldman has 141 decisions on record from 2005 to 2016.

Who frequently appears before Richard Feldman?

Representatives who frequently appear before Richard Feldman include Marko Djukic, Eric Grossman, Nicholaus de Koning.

Richard Feldman — Arbitrator

State Farm Mutual Automobile Insurance Company v. Ansari, 2016 ONFSCDRS 310

Successful appellant insurer awarded $3,000 in legal expenses for a written appeal.

The appellant insurer was successful on an appeal regarding a special award and sought its legal expenses of the appeal.

The appellant claimed approximately $8,260 in expenses.

The respondent opposed the award, arguing the amounts were excessive and that the issue should be left to the hearing arbitrator.

The Director's Delegate rejected the respondent's argument, finding that the appeal expenses must be decided by the appeal decision-maker.

Considering the relative simplicity of the matter and the appellant's success, the Director's Delegate fixed the appellant's expenses at $3,000.

OFSCDRSNov 21, 2016

Eleanor Carr v. TD General Insurance Company, 2016 ONFSCDRS 304

Falling from a parked fire truck used for entertainment at a birthday party constitutes an accident.

The appellant, a five-year-old child, was injured when she fell down the interior stairs of a parked fire truck while attending a birthday party.

The respondent insurer denied her claim for statutory accident benefits on the basis that the incident was not an 'accident' under the Schedule.

The arbitrator agreed, finding that the fire truck was being used as a display rather than a motor vehicle.

On appeal, the Director's Delegate reversed the decision, holding that the arbitrator erred in law by reading the purpose test too narrowly.

Exiting a parked vehicle, even one used for education and entertainment, is a normal and well-known use of a motor vehicle.

The incident was declared an accident.

OFSCDRSNov 17, 2016

Charmaine Marie Green v. Belair Insurance Company Inc., 2016 ONFSCDRS 303

Appeal allowed in part; arbitrator erred in law regarding deemed approved assessments and treatment plan preparation costs.

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

After an arbitrator dismissed her claims for various treatment and assessment costs, she appealed.

The Director's Delegate allowed the appeal in part, finding the arbitrator erred in law by failing to award the costs of preparing treatment plans that the insurer had actually approved.

The Delegate also found the arbitrator erred in law by focusing on the reasonableness of a follow-up in-home assessment when the insurer had failed to respond to the application, and by making unsupported factual inferences that the assessment never took place.

The issue of whether the assessment expenses were actually incurred was remitted to a new arbitrator.

OFSCDRSNov 16, 2016

Aviva Canada Inc. v. Cathy Tew (formerly known as Frankum), 2016 ONFSCDRS 281

Insured permitted to rescind 2001 accident benefits settlement in 2013 due to insurer's non-compliant disclosure.

The insurer appealed an arbitrator's decision allowing the insured to rescind a 2001 settlement of statutory accident benefits and proceed with arbitration in 2013.

The Director's Delegate upheld the arbitrator's finding that the settlement was voidable because the insurer failed to comply with the disclosure requirements of the Settlement Regulation, specifically regarding the commuted value of benefits and maximum potential benefits.

Furthermore, the insured's claim was not statute-barred because the insurer's original refusal of benefits did not adequately inform her of the dispute resolution process, rendering the refusal invalid to trigger the limitation period under the Insurance Act.

The Limitations Act was also found inapplicable to the statutory right of rescission.

OFSCDRSOct 21, 2016

Paraloganathan Nadesu v. Zurich Insurance Company Ltd., 2016 ONFSCDRS 266

Attendant care benefits increased on appeal after finding errors in law regarding hygiene cuing and meal preparation.

The Appellant appealed an arbitration decision denying his claim for Botox injections and limiting his attendant care benefits following a 2003 motor vehicle accident.

The Director's Delegate dismissed the appeal regarding the Botox injections, finding no error of law in the Arbitrator's weighing of the medical evidence.

However, the Delegate found two errors of law in the Arbitrator's assessment of attendant care benefits: mischaracterizing hygiene cuing as housekeeping, and incorrectly interpreting section 16 of the Schedule to deny meal preparation assistance simply because the Appellant's wife performed that task prior to the accident.

The Delegate varied the order, increasing the Appellant's monthly attendant care benefits by $500.

OFSCDRSOct 7, 2016

State Farm Mutual Automobile Insurance Company v. Thomas Waldock, 2016 ONFSCDRS 202

Motion to exclude affidavits and interim decision from appeal record denied.

The respondent on appeal moved for an interim order to exclude two affidavits and an interim decision from the appeal record, arguing they constituted new evidence.

The Director's Delegate denied the motion, finding that the interim decision was a public record and not evidence, and that the affidavits were relevant to the appellant's allegations of procedural unfairness and denial of natural justice at the original hearing.

The documents were allowed to remain part of the appeal record.

OFSCDRSJul 27, 2016

State Farm Mutual Automobile Insurance Company v. Iram Ansari, 2016 ONFSCDRS 201

Special Award rescinded and remitted due to insufficient reasons and consideration of irrelevant factors.

The insurer appealed an arbitrator's decision granting the insured a $13,000 Special Award for unreasonably withholding or delaying accident benefits.

The Director's Delegate allowed the appeal, finding that the arbitrator erred in law by failing to provide sufficient reasons to justify the award, considering irrelevant factors such as an offer to settle and litigation strategy, and denying natural justice by considering the timing of a payment without allowing submissions.

The issue of the Special Award was remitted to a different arbitrator for a fresh determination.

OFSCDRSJul 22, 2016

Laavanyan Sangaralingam v. TD General Insurance Company, 2016 ONFSCDRS 191

OTLA permitted to intervene in accident benefits appeal regarding the proper test for causation.

The appellant appealed an arbitrator's denial of certain statutory accident benefits, and the insurer cross-appealed, arguing the arbitrator erred in applying the 'material contribution' test for causation rather than the 'but for' test.

The Ontario Trial Lawyers Association (OTLA) sought to intervene on the issue of causation.

The Director's Delegate granted OTLA's request to intervene, finding that the causation test in accident benefits cases is an important legal issue with broad implications, and that OTLA could provide helpful submissions from a broader perspective.

The Delegate also proposed inviting Canadian Defence Lawyers to intervene to ensure balance.

OFSCDRSJul 14, 2016

Laavanyan Sangaralingam v. TD General Insurance Company, 2016 ONFSCDRS 130

Insurer's motion for a stay of an arbitrator's order pending appeal denied due to lack of hardship.

The insurer brought a motion for a stay of an arbitrator's order pending the determination of its appeal.

The arbitrator had ordered the insurer to pay for certain goods, services, and a catastrophic impairment assessment, finding that the insured's impairments were caused by a 2007 motor vehicle accident.

The insurer argued that the arbitrator applied the wrong legal test for causation ("material contribution" instead of "but for").

The Director's Delegate denied the request for a stay, finding that while the appeal raised a bona fide legal issue, the insurer failed to demonstrate that it would suffer imminent hardship if the stay were refused, and the potential hardship raised was purely speculative.

OFSCDRSApr 27, 2016

Ms. K v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 96

Arbitrator awards income replacement and medical benefits, finding minor accident materially contributed to chronic pain.

The applicant was involved in a minor rear-end motor vehicle accident and subsequently claimed statutory accident benefits, including income replacement, housekeeping, and medical/rehabilitation benefits.

The insurer denied the claims, arguing the applicant's chronic pain and psychological impairments were not caused by the accident.

The arbitrator applied the material contribution test and found the accident exacerbated the applicant's pre-existing conditions, causing permanent impairment to her right shoulder and psychological disorders.

The applicant was awarded income replacement benefits, certain medical and assessment costs, and interest, but her claim for housekeeping benefits was dismissed due to insufficient credible evidence.

OFSCDRSMar 22, 2016

Bhupinder Singh Grewal v. AIG Commercial Insurance Company of Canada, 2016 ONFSCDRS 57

Applicant ordered to pay $15,000 in arbitration expenses to the substantially successful insurer.

Following an arbitration hearing where the insurer was almost entirely successful in defending the applicant's claims for statutory accident benefits, the insurer sought its expenses of the proceeding.

The arbitrator found that the insurer was entitled to its reasonable expenses based on its degree of success.

After reviewing the hours claimed and applying the appropriate Legal Aid rates, the arbitrator fixed the insurer's expenses at $15,000, inclusive of fees, disbursements, and taxes, and ordered the applicant to pay this amount.

OFSCDRSFeb 17, 2016

Mohammad Hamzeh v. Security National Insurance Company, 2016 ONFSCDRS 15

Accident benefits application dismissed for non-attendance; applicant ordered to pay $10,000 in expenses.

OFSCDRSJan 14, 2016

Samuel Friday v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 270

Accident benefits application dismissed and expenses awarded after applicant failed to attend arbitration hearing.

The applicant applied for arbitration at the Financial Services Commission of Ontario after disputes arose concerning his entitlement to statutory accident benefits following a motor vehicle accident.

The applicant failed to attend the pre-hearing conference and the arbitration hearing, and ceased communication with his representative, the insurer, and the Commission.

The arbitrator concluded that the applicant had abandoned his claims.

The application was dismissed, and the applicant was ordered to pay $500 for the insurer's expenses.

OFSCDRSDec 14, 2015

Shamarr Friday v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 271

Arbitration application for accident benefits dismissed with costs after applicant failed to attend the hearing.

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

After disputes arose, the applicant applied for arbitration at the Financial Services Commission of Ontario.

The applicant failed to attend the pre-hearing conference and the arbitration hearing, and adduced no evidence in support of the application.

The arbitrator dismissed the application, finding that the applicant had abandoned the claims, and ordered the applicant to pay $500 for the insurer's expenses of the proceeding.

OFSCDRSDec 14, 2015

Sozan Hurmz v. Wawanesa Mutual Insurance Company, 2015 ONFSCDRS 247

Insurer awarded $12,500 in expenses after successfully defending all claims in an arbitration proceeding.

The Insurer sought its expenses following an arbitration proceeding where all of the Applicant's claims for statutory accident benefits were dismissed.

The Applicant did not participate in the expense hearing.

The Arbitrator found that the Insurer was completely successful and therefore entitled to its reasonable expenses.

After adjusting the hourly rate claimed by the Insurer's counsel to the appropriate Legal Aid rate, the Arbitrator fixed the Insurer's expenses at $12,500.00, inclusive of fees, disbursements, and taxes, and ordered the Applicant to pay this amount.

OFSCDRSNov 18, 2015

Pathmarajah v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 211

Arbitration application dismissed with costs after applicant repeatedly failed to attend scheduled hearings.

The applicant applied for statutory accident benefits following a motor vehicle accident and subsequently applied for arbitration when disputes arose.

After the applicant's counsel withdrew, the applicant failed to attend the scheduled pre-hearing conference and multiple hearing dates, despite receiving notice.

Due to the applicant's failure to participate or adduce evidence, the arbitrator dismissed the application and ordered the applicant to pay $750 in arbitration expenses to the insurer.

OFSCDRSOct 19, 2015

Danny Basson v. Royal & Sunalliance Insurance Company of Canada, 2015 ONFSCDRS 194

Unsuccessful applicant ordered to pay $15,000 in arbitration expenses; counsel not held personally liable.

Following an arbitration where the applicant's claims for statutory accident benefits were dismissed, the insurer sought its expenses of approximately $35,000.

The arbitrator declined to order the applicant's counsel to personally pay the expenses, finding no evidence of frivolous claims or unreasonable delay attributable to counsel.

The arbitrator found the insurer was entitled to its expenses from the applicant as the successful party.

However, the arbitrator reduced the claimed fees and disbursements, noting the case was not particularly complex and disallowing costs for transcripts and excessive expert preparation time.

The applicant was ordered to pay $15,000 in expenses to the insurer.

OFSCDRSSep 22, 2015

Touch Kum v. Economical Mutual Insurance Company, 2015 ONFSCDRS 160

Accident benefits application dismissed and expenses awarded to insurer after applicant failed to attend hearing.

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

At the hearing, the applicant's legal representative successfully moved to withdraw due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the hearing.

As no evidence was presented to support the claims, the application was dismissed as abandoned.

The insurer was awarded $2,500 in expenses due to the unnecessary costs incurred by the applicant's repeated failure to participate.

OFSCDRSJul 28, 2015

Denise Watters v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 137

Pedestrian with brain injury deemed catastrophically impaired under GOS; insurer liable for special award.

The applicant, a pedestrian struck by a motor vehicle, sustained a traumatic brain injury and multiple skull fractures.

She applied for catastrophic impairment designation under the Statutory Accident Benefits Schedule based on a Glasgow Outcome Scale (GOS) score of 3 (severe disability).

The insurer denied the designation, relying on a neurologist who found no physical neurological deficits.

The arbitrator rejected the insurer's narrow interpretation of the GOS, preferring the applicant's physiatrist who considered cognitive and behavioural impairments that rendered the applicant dependent on daily support.

The arbitrator found the applicant catastrophically impaired, awarded past and ongoing attendant care benefits for services provided by her husband, approved most of the disputed medical and rehabilitation treatment plans, and held the insurer liable for a special award for unreasonably withholding benefits.

OFSCDRSJun 26, 2015

Jian Lin Zhao v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 131

Motion granted permitting applicant's legal representatives to withdraw due to loss of contact with client.

The applicant's legal representatives, Yeung & Associates, brought a motion to withdraw from the proceeding after being unable to communicate with or obtain instructions from the applicant for several years.

The applicant failed to attend pre-hearing discussions and did not respond to the motion materials.

The insurer took no position on the motion.

The arbitrator granted the motion, permitting the representatives to withdraw due to a breakdown in the relationship.

OFSCDRSJun 18, 2015

State Farm Mutual Automobile Insurance Company v. Ansari, 2016 ONFSCDRS 310

Eleanor Carr v. TD General Insurance Company, 2016 ONFSCDRS 304

Charmaine Marie Green v. Belair Insurance Company Inc., 2016 ONFSCDRS 303

Aviva Canada Inc. v. Cathy Tew (formerly known as Frankum), 2016 ONFSCDRS 281

Paraloganathan Nadesu v. Zurich Insurance Company Ltd., 2016 ONFSCDRS 266

State Farm Mutual Automobile Insurance Company v. Thomas Waldock, 2016 ONFSCDRS 202

State Farm Mutual Automobile Insurance Company v. Iram Ansari, 2016 ONFSCDRS 201

Laavanyan Sangaralingam v. TD General Insurance Company, 2016 ONFSCDRS 191

Laavanyan Sangaralingam v. TD General Insurance Company, 2016 ONFSCDRS 130

Ms. K v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 96

Bhupinder Singh Grewal v. AIG Commercial Insurance Company of Canada, 2016 ONFSCDRS 57

Mohammad Hamzeh v. Security National Insurance Company, 2016 ONFSCDRS 15

Samuel Friday v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 270

Shamarr Friday v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 271

Sozan Hurmz v. Wawanesa Mutual Insurance Company, 2015 ONFSCDRS 247

Pathmarajah v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 211

Danny Basson v. Royal & Sunalliance Insurance Company of Canada, 2015 ONFSCDRS 194

Touch Kum v. Economical Mutual Insurance Company, 2015 ONFSCDRS 160

Denise Watters v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 137

Jian Lin Zhao v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 131

for ACE INA Insurance

for AIG Commercial Insurance Company of Canada

for Allstate Insurance Company of Canada

for Aviva Canada Inc.

for CAA Insurance Company (Ontario)

for Daoud Seyed

for Dominion of Canada General Insurance Company

for Economical Mutual Insurance Company

for Farmers' Mutual Insurance Company

for Federation Insurance Company of Canada

for Gary Mazin

for Guarantee Company of North America

for himself

for ING Insurance Company of Canada

for Intact Insurance Company

for Kingsway General Insurance Company

for Liberty International of Canada

for Lombard General Insurance Company of Canada

for Markel Insurance Company of Canada

for Mazin, Rooz, Mazin

for Mr. Ali

for Mr. Al-Shimasawi

for Mr. Basson

for Mr. Butani

for Mr. Carpenter

for Mr. Choudhry

for Mr. Davey

for Mr. Galati

for Mr. Grewal

for Mr. Hung

for Mr. Hutchinson

for Mr. Jaggernauth

for Mr. Martucci

for Mr. Masri

for Mr. Moore

for Mr. Narain

for Mr. Narain and Ms. Mangroo

for Mr. Olesiuk

for Mr. Sadozai

for Mrs. Ananthamoorthy

for Mr. Sangaralingam

for Mr. Sangaralingam (the "Insured")

for Mrs. Crossey

for Mr. Seyed

for Mr. Shah

for Mr. Sitnikov

for Mrs. Kaur

for Mrs. Le

for Mrs. Nickle

for Mrs. Olivares

for Mrs. Thakur

for Mrs. Trang

for Mrs. Zaluskyy

for Mr. Tam

for Mr. Waldock

for Ms. Borissenko

for Ms. Kieffer

for Ms. Maitland

for Ms. Mohamed

for Ms. Pedisic