Rosemary Muzzi

The applicant and respondent condominium corporation reached a settlement in a records dispute following mediation.

The Condominium Authority Tribunal issued a consent order under section 1.47 of the Condominium Act, 1998, requiring the condominium board to amend an Energy Committee report for an upcoming AGM and mandating strict confidentiality regarding the mediation process.

The applicant was injured in a motor vehicle accident and sought various statutory accident benefits, including a determination of catastrophic impairment due to a mental or behavioural disorder.

The arbitrator found that the applicant did not suffer a marked impairment in any area of function and therefore was not catastrophically impaired.

Claims for a non-earner benefit, housekeeping benefits, and certain medical benefits were dismissed.

The arbitrator awarded a limited attendant care benefit of $364.67 per month for a one-year period from September 2012 to September 2013.

The applicant, a minor, was injured in a motor vehicle accident and sought attendant care benefits.

The insurer alleged material misrepresentation by the applicant's representative and sought expenses after the applicant withdrew the arbitration application.

The arbitrator found that the representative's conduct did not unreasonably prolong or hinder the proceeding, noting the difficulty in securing independent counsel due to the insurer's allegations.

The insurer's request for expenses was denied.

The applicant was injured when she fell while running to the aid of her daughter, who had been struck by a motor vehicle.

She applied for statutory accident benefits, including a non-earner benefit, a physiotherapy treatment plan, and medication/travel expenses.

The arbitrator found that the applicant did not suffer a complete inability to carry on a normal life, as she was not continuously prevented from engaging in substantially all of her pre-accident activities, and denied the non-earner benefit.

The arbitrator approved the physiotherapy treatment plan for pain management but denied the medication and travel expenses because they were covered by another plan.

Interest was awarded on overdue benefits, and no expenses were awarded to either party.

Following a successful arbitration regarding statutory accident benefits, the insurer sought its expenses.

The arbitrator found the insurer's bill of costs to be excessive, noting that the arbitration was a straightforward case that took unnecessarily long.

The arbitrator reduced the claimed fees and disbursements, citing a lack of specificity in the bill of costs and excessive time spent by multiple individuals.

The applicant was ordered to pay the insurer $9,179.95 for the expenses of the arbitration.

John Biro was injured in a 2007 motor vehicle accident and sought various statutory accident benefits from Unica Insurance Inc., including non-earner benefits, attendant care, and medical benefits for medical marijuana.

Unica denied the benefits, arguing that his ongoing impairments were due to his pre-existing ankylosing spondylitis rather than the accident.

The arbitrator found that the accident materially contributed to the aggravation of his pre-existing condition.

The arbitrator denied the non-earner benefit, finding Mr. Biro was able to manage a complex medical marijuana growing enterprise.

However, the arbitrator awarded attendant care benefits for 104 weeks, medical benefits for psychological treatment, and $30 per day for medical marijuana, along with a special award for Unica's unreasonable withholding of the marijuana and psychological treatment benefits.

The arbitrator concluded Mr. Biro did not meet the threshold for catastrophic impairment.

The applicant, a minor, sought to withdraw her application for arbitration of statutory accident benefits disputes without prejudice until she reaches the age of majority.

The insurer consented to the withdrawal but sought to proceed with its allegation that the applicant's representative made a material misrepresentation regarding attendant care benefits.

The arbitrator permitted the withdrawal and held that the insurer could not pursue its misrepresentation allegation, as the Insurance Act only permits an insured person to refer a matter to arbitration.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits beyond the $3,500 limit prescribed by the Minor Injury Guideline (MIG).

The applicant claimed that chronic pain and psychological conditions, including adjustment disorder and post-traumatic stress, took his injuries outside the MIG.

The arbitrator found the applicant to be an unreliable historian who exaggerated his pain and functional limitations.

Relying on medical evidence that the applicant's psychological issues were clinically insignificant and his physical injuries were predominantly soft tissue strains, the arbitrator concluded the injuries fell within the MIG.

All claims for additional medical benefits, assessments, and a special award were dismissed.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

After the parties failed to resolve their disputes through mediation, the applicant applied for arbitration.

The applicant subsequently failed to appear at any pre-hearings and lost contact with his counsel.

Counsel brought a motion to be removed from the record, which was granted.

Due to the applicant's failure to pursue his application or appear at the hearing, the application for arbitration was dismissed.

The applicant was ordered to pay the insurer's expenses fixed at $2,000.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, which were denied by the insurer.

After mediation failed, the applicant applied for arbitration but subsequently failed to attend pre-hearings and the scheduled arbitration hearing.

The arbitrator dismissed the application for arbitration due to the applicant's failure to pursue her claims and present evidence.

The insurer was awarded its expenses fixed at $1,500.

The applicant, who suffered from chronic pain following a motor vehicle accident, sought $62,877.65 from his insurer for the cost of constructing a residential therapy pool.

The insurer had previously approved and funded aqua therapy at a community pool.

The arbitrator found that while aqua therapy was beneficial for the applicant's re-conditioning, a custom residential pool was not a reasonable and necessary medical expense.

The evidence indicated that the applicant's treatment goals could be met through community pool sessions and other forms of exercise, and the high cost and convenience factors did not justify the expense.

The application for the medical benefit was dismissed.

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

After failing to resolve disputes through mediation, the applicant applied for arbitration.

However, the applicant failed to appear at the pre-hearing and the hearing, and his counsel was removed from the record due to an inability to locate him.

The arbitrator dismissed the application for arbitration due to the applicant's failure to pursue it.

The applicant was injured in a motor vehicle accident when she hit her head on a streetcar.

She applied for non-earner benefits, attendant care benefits, housekeeping benefits, and the cost of medical assessments.

The arbitrator found that the applicant did not suffer a complete inability to carry on a normal life, as she continued to travel, live independently, and engage in social activities, and therefore denied the non-earner benefits.

The arbitrator awarded $1,560.97 for attendant care services (hair and foot care) and granted the withheld housekeeping benefits, accepting her explanation for the delayed disability certificates.

The claims for the cost of medical assessments were dismissed for lack of evidence.

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

After filing for arbitration, the applicant failed to attend three scheduled pre-hearings and the arbitration hearing itself.

The applicant's counsel of record was removed due to an irreparable breakdown in communication.

Given the applicant's failure to pursue the application, the arbitrator dismissed the application for arbitration in its entirety.

No costs were ordered.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits.

The insurer scheduled multiple section 44 examinations, which the applicant refused to attend because the insurer did not provide a Cantonese interpreter accredited by the Ministry of the Attorney General.

The insurer offered other qualified interpreters, but the applicant maintained her refusal.

The arbitrator found that the absence of a MAG-certified interpreter was not a reasonable explanation for failing to attend the examinations, as there is no legislative requirement for such specific accreditation.

Consequently, the applicant was precluded from proceeding to mediation on the issues in dispute.

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

After participating in early stages of the proceeding, the applicant failed to attend the resumed pre-hearing and the scheduled arbitration hearing.

The insurer requested an order dismissing the application.

The arbitrator dismissed the application for arbitration due to the applicant's failure to participate.

The applicants applied for statutory accident benefits following a motor vehicle accident and subsequently filed for arbitration when the insurer denied certain benefits.

The applicants failed to appear for any proceedings, and their counsel withdrew from the record after losing contact with them.

The insurer brought a motion to dismiss the applications for arbitration and sought its expenses.

The arbitrator granted the motion, dismissing the applications due to the applicants' failure to pursue their claims, and ordered the applicants to pay the insurer's legal expenses.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, which the insurer denied.

After mediation failed, the applicant applied for arbitration but subsequently lost contact with his counsel, who was permitted to withdraw.

The applicant failed to attend the scheduled arbitration hearing despite being notified.

The arbitrator dismissed the application for arbitration as abandoned and ordered the applicant to pay the insurer's expenses fixed at $1,500.

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

The insurer sought repayment, asserting the applicants were not involved in an accident as defined in the Schedule.

The applicants applied for arbitration but failed to attend the scheduled hearing or maintain contact with their counsel, who was permitted to withdraw from the record.

The arbitrator dismissed the applications for arbitration due to abandonment and ordered the applicants to pay the insurer's expenses.

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

After mediation failed, she applied for arbitration but failed to attend the hearing or communicate with her counsel, who was permitted to withdraw.

The arbitrator dismissed the application for arbitration due to the applicant's non-attendance and ordered her to pay the insurer's expenses of $1,528.67 for document production.