Stuart J. Mutch

The applicant's legal representative, Pappas Romero, brought a motion to be removed as lawyers of record due to a breakdown in the lawyer-client relationship.

The applicant opposed the motion.

The arbitrator found that trust and mutual understanding had broken down between the parties.

The motion to withdraw was granted without terms.

The arbitrator declined to award costs to the moving party, finding that the applicant did not fully understand the lawyer-client relationship and was not deliberately obstructing the process.

The applicant failed to attend a scheduled arbitration hearing regarding her claim for statutory accident benefits.

The insurer moved to dismiss the application.

The arbitrator found that the applicant's failure to respond to notices or attend the hearing rendered her claims vexatious.

The application was dismissed, and the applicant was ordered to pay $850 in expenses to the insurer for costs thrown away.

The applicant applied for arbitration at the Financial Services Commission of Ontario following a motor vehicle accident.

The applicant failed to attend a scheduled pre-hearing discussion and the subsequent peremptory arbitration hearing.

The insurer moved to dismiss the application.

The arbitrator found the applicant's claims had become vexatious due to his non-attendance and failure to provide submissions.

The application was dismissed, and the applicant was ordered to pay $850 in expenses to the insurer for costs thrown away.

The insurer brought a motion to stay the scheduled arbitration proceedings pending the claimant's participation in an insurer's examination by an occupational therapist.

The claimant had recently submitted an addendum report indicating a substantial increase in her attendant care needs due to new symptoms, including blackouts.

The arbitrator granted the motion, finding that procedural fairness required the insurer to have an opportunity to re-assess the claimant's attendant care needs in light of the new developments before proceeding to arbitration.

The insurer brought an application to vary a 2007 order that required it to pay the insured $263.51 per week in income replacement benefits.

The insurer argued that the insured's receipt of CPP Disability Benefits constituted a material change in circumstances and that the benefits should be deducted from the income replacement benefits.

The insured consented to the variation, provided it was effective from the date she was served with the application.

The arbitrator found a material change in circumstances and varied the order on consent, reducing the weekly income replacement benefits to $130.35 effective October 2, 2013.

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

After his counsel withdrew, the applicant failed to attend two scheduled pre-hearing resumptions despite receiving notice that his claims could be dismissed.

The arbitrator found the claims had become vexatious due to the applicant's non-attendance and failure to communicate.

The application for arbitration was dismissed without a hearing, and the applicant was ordered to pay $300 in expenses to the insurer.

The insurer brought a motion for the production of clinical notes and records from three third-party medical clinics regarding the applicant, who claimed statutory accident benefits following a motor vehicle accident.

The insurer withdrew its request against one clinic that complied.

The arbitrator applied Rule 67.7 of the Dispute Resolution Practice Code and found that the remaining two clinics failed to respond despite reasonable efforts by the applicant's counsel to obtain the documents.

The arbitrator ordered the two clinics to produce the records forthwith and ordered each to pay $150 in expenses to the insurer for prolonging the proceeding.

The applicant failed to attend his scheduled arbitration hearing for statutory accident benefits.

At the hearing, the applicant's counsel successfully moved to be removed from the record due to a breakdown in the solicitor-client relationship.

The arbitrator then proceeded in the applicant's absence pursuant to the Statutory Powers Procedure Act and the Dispute Resolution Practice Code.

As the applicant presented no evidence to prove his claims, the application for arbitration was dismissed.