2 total
Applicant's representative ordered to personally pay $819.96 in costs for adjournment due to lack of preparation.
The applicant's representative requested an adjournment of the arbitration hearing due to his client's absence and his failure to summons medical witnesses.
The arbitrator granted the adjournment but reserved on the issue of expenses.
The arbitrator found that the representative's lack of timely preparation caused expenses to be incurred without reasonable cause.
Pursuant to section 282(11.2) of the Insurance Act, the arbitrator ordered the representative to personally pay the insurer's costs thrown away, assessed at $819.96.
Caregiver benefit denied because applicant did not reside with her brother in the mental health facility.
The applicant was injured in a motor vehicle accident and applied for a caregiver benefit under section 13 of the Statutory Accident Benefits Schedule, claiming she was the primary caregiver for her adult brother who suffers from schizophrenia and resides in a mental health facility.
The arbitrator found that the applicant did not qualify for the benefit because she did not reside with her brother, as required by the Schedule, and because the facility staff, rather than the applicant, provided the primary caregiving services.
The preliminary issue was resolved in favour of the insurer.
