Richard Quan

The applicant sought expenses following an arbitration hearing regarding statutory accident benefits where he was successful on five of eight disputed issues.

The arbitrator found the applicant was entitled to his reasonable expenses, reduced to reflect the insurer's degree of success.

Applying a 2:1 ratio for preparation to hearing time, the arbitrator awarded the applicant $21,257.00 inclusive of fees, disbursements, and HST.

Following the dismissal of the applicant's application for arbitration on a preliminary issue, the insurer sought its expenses of the proceeding.

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

The arbitrator reduced the insurer's claimed legal fees, finding the involvement of four lawyers and a law clerk for a straightforward limitation period issue to be excessive and duplicative.

The insurer was awarded $3,459.39 in total expenses, inclusive of fees, disbursements, and HST.

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

After a breakdown in the solicitor-client relationship, the applicant's counsel was removed from the record.

The applicant failed to attend multiple pre-hearing discussions and the arbitration hearing itself.

As the applicant adduced no evidence to prove entitlement to the claimed benefits, all claims were dismissed.

The insurer was awarded $500 in expenses due to the applicant's failure to participate, which unduly prolonged the proceedings.

The applicant applied for arbitration at the Financial Services Commission of Ontario following a motor vehicle accident, seeking medical benefits, a special award, and interest.

At the scheduled arbitration hearing, the applicant failed to appear.

The applicant's representative brought a motion to be removed due to a breakdown in the solicitor-client relationship, which was denied.

The insurer subsequently moved to dismiss the application due to the applicant's failure to attend and adduce evidence.

The applicant's representative consented to the motion, and the arbitrator dismissed the application in its entirety.

The applicant was injured in a motor vehicle accident and sought caregiver and non-earner benefits.

The insurer denied the benefits and later raised a preliminary issue that the applicant was statute-barred from proceeding to arbitration because she failed to apply for mediation within the two-year limitation period.

The arbitrator found that the insurer provided a valid, clear, and unequivocal notice of stoppage of benefits, which triggered the limitation period.

Because the applicant applied for mediation more than three years after the denial, the application for arbitration was dismissed as time-barred.