Richard Feldman

The insurer sought repayment of $14,557.94 in accident benefits and its expenses following an arbitration where the applicant failed to prove he was involved in a motor vehicle accident.

The arbitrator dismissed the claim for repayment, finding the insurer failed to prove the applicant wilfully misrepresented material facts or that the amounts claimed were actually benefits paid to the applicant.

However, as the insurer was completely successful in the preliminary issue hearing, the arbitrator awarded the insurer its arbitration expenses, fixed at $7,000.00 inclusive of disbursements for its accident reconstruction experts.

The applicant applied for statutory accident benefits but subsequently abandoned the proceeding.

He failed to fulfill undertakings to provide documentation and attend an examination under oath, and failed to appear at the resumed pre-hearing conference.

The arbitrator dismissed the application as vexatious pursuant to Rule 68 of the Dispute Resolution Practice Code.

The insurer was awarded $1,500 in expenses under s. 282(11) of the Insurance Act.

The applicant applied for statutory accident benefits but failed to attend two scheduled pre-hearing conferences.

The applicant's counsel was removed from the record at the first conference.

After the applicant failed to respond to notices or provide written submissions explaining his absences, the arbitrator found the proceeding had been abandoned and become vexatious.

The application was dismissed pursuant to Rule 68 of the Dispute Resolution Practice Code, and the applicant was ordered to pay $1,500 in expenses to the insurer.

The Applicant sought statutory accident benefits following two motor vehicle accidents in November 2009.

He claimed entitlement to housekeeping and home maintenance services, attendant care benefits, income replacement benefits, and various assessment expenses.

The arbitrator dismissed all claims, finding the Applicant's testimony lacked credibility and corroboration.

The arbitrator concluded the Applicant's impairment was a Grade II whiplash-associated disorder falling within the Pre-approved Framework Guideline, precluding attendant care benefits and limiting income replacement benefits.

Furthermore, the Applicant failed to provide reasonably required employment information, barring his claim for income replacement benefits under section 33 of the SABS.

The Applicant sustained a catastrophic brain injury in a 2008 motor vehicle accident.

She sought attendant care benefits of $6,000 per month and housekeeping benefits of $100 per week.

The Arbitrator found that the Applicant reasonably required 24-hour basic supervisory care due to her inability to respond to emergencies and changes in behaviour, awarding $6,000 per month from April 14, 2009 onwards.

The claim for housekeeping benefits was dismissed because the Applicant failed to prove her pre-accident housekeeping activities and failed to provide the Insurer with reasonably requested particulars about the services provided.

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

After failing to attend a pre-hearing conference and losing his legal representative, the applicant also failed to attend the scheduled arbitration hearing.

The arbitrator dismissed the application due to the lack of evidence and failure to pursue the claim, and ordered the applicant to pay $750 in expenses to the insurer.

During a dispute over statutory accident benefits, the insurer inadvertently disclosed privileged documents to the applicant's counsel.

The applicant's counsel reviewed the documents and subsequently brought a motion to amend the claim to include a Special Award based on the privileged information.

The insurer brought a cross-motion to remove the applicant's counsel from the record.

The arbitrator granted the insurer's motion, finding that the applicant's counsel had reviewed the privileged documents in detail and attempted to use the information to the insurer's detriment.

The applicant's motion to amend the claim was denied as an abuse of process, and the applicant's counsel was removed from the record.

The applicant claimed statutory accident benefits following a motor vehicle accident in November 2009.

She sought medical, caregiver, attendant care, and housekeeping benefits.

The arbitrator found the applicant's evidence to be vague, insubstantial, and prone to exaggeration.

The arbitrator preferred the evidence of the insurer's occupational therapist, who observed the applicant in her home and concluded she did not suffer a substantial inability to perform caregiving or housekeeping tasks.

The applicant failed to prove her entitlement to the claimed benefits on a balance of probabilities.

The application was dismissed, with the issues of a special award and expenses deferred.

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's legal representative got off the record, and the applicant subsequently failed to attend both the pre-hearing conference and the arbitration hearing.

The arbitrator dismissed the application as abandoned and ordered the applicant to pay the insurer's expenses of the proceeding fixed at $750.

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

After her legal representative got off the record, the applicant failed to attend the pre-hearing conference and the arbitration hearing despite receiving written notice.

The arbitrator dismissed the application as abandoned and ordered the applicant to pay $750 in expenses to the insurer.

The applicant claimed statutory accident benefits following an alleged rear-end motor vehicle collision.

The insurer disputed the claim, raising the preliminary issue of whether an "accident" actually occurred as defined in the Statutory Accident Benefits Schedule.

The arbitrator found the applicant's testimony lacked credibility due to numerous inconsistencies regarding the time, location, weather, and vehicle condition.

Furthermore, two accident reconstruction specialists concluded that the physical damage to the vehicles was inconsistent with the reported collision.

The arbitrator concluded the applicant failed to prove on a balance of probabilities that he was involved in an accident, and dismissed the claims for accident benefits.

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

The applicant failed to attend the scheduled arbitration hearing and his legal representatives were removed from the record after losing contact with him.

The arbitrator dismissed the application due to abandonment and lack of evidence.

The insurer was awarded $3,000 in expenses.

The applicant commenced an arbitration application against the insurer but subsequently failed to communicate with her legal representatives, who were granted permission to be removed from the record.

The applicant failed to attend a scheduled pre-hearing conference and did not respond to the arbitrator's notice of intent to dismiss the proceeding.

Finding that the applicant had no interest in pursuing the matter and that the application had become vexatious, the arbitrator dismissed the application without a hearing pursuant to Rule 68 of the Dispute Resolution Practice Code.

Following a preliminary issue hearing where the Insurer successfully proved the Applicants were not involved in an accident, the Insurer sought its legal expenses.

The Arbitrator found the Insurer was entirely successful and entitled to its reasonable expenses.

The Arbitrator fixed the Insurer's expenses at $7,500, inclusive of fees and disbursements, and ordered the Applicants to be jointly and severally liable for this amount.

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

After failing to attend a pre-hearing conference, the applicant's legal representatives were removed from the record.

The applicant subsequently failed to attend the arbitration hearing.

In the absence of any evidence from the applicant, the arbitrator dismissed the application and ordered the applicant to pay $1,500 in expenses to the insurer.

The applicant's solicitors brought a motion to be removed from the record in a statutory accident benefits dispute.

The solicitors had been unable to communicate with or obtain instructions from the applicant for several months, and the applicant failed to attend the pre-hearing conference or the motion hearing.

The insurer took no position.

The arbitrator granted the unopposed motion, finding a breakdown in the solicitor-client relationship.

The Applicant claimed statutory accident benefits following an alleged motor vehicle collision.

The Insurer denied the claim, arguing that the collision was staged and did not constitute an 'accident' under the Schedule.

At a preliminary issue hearing, the arbitrator reviewed expert engineering evidence and found numerous inconsistencies between the physical damage to the vehicles and the reported sequence of events.

The arbitrator concluded that the Applicant failed to prove on a balance of probabilities that he was involved in an accident, and dismissed the claim.

The applicant claimed statutory accident benefits following an alleged motor vehicle collision.

The insurer denied the claim on the basis that no 'accident' occurred.

At a preliminary issue hearing, the arbitrator considered engineering evidence regarding the physical damage to the vehicles, which was inconsistent with the reported mechanics of the collision.

The arbitrator also noted numerous suspicious circumstances, including pre-existing damage, the storage of the vehicle, and inconsistencies in the reporting of injuries.

The arbitrator concluded that the applicant failed to prove on a balance of probabilities that she was involved in an accident as defined in the Schedule.

The applicant sought statutory accident benefits following an alleged motor vehicle collision.

The insurer denied the claim, arguing that no 'accident' occurred.

At a preliminary issue hearing, the arbitrator reviewed engineering evidence and found significant inconsistencies between the physical damage to the vehicles and the reported mechanics of the collision.

Given these inconsistencies and other suspicious circumstances, including pre-existing vehicle damage and unsupported medical claims, the arbitrator concluded the applicant failed to prove on a balance of probabilities that she was involved in an accident as defined in the Schedule.

Following the dismissal of the applicant's claims for statutory accident benefits, the insurer sought its expenses for the arbitration proceeding.

The arbitrator found that the insurer was completely successful and the applicant was completely unsuccessful, largely due to adverse credibility findings and grossly exaggerated claims.

The arbitrator ordered the applicant to pay the insurer's expenses, fixed at $5,000 inclusive of fees and disbursements.