Amanda Faulkner

The applicant sought statutory accident benefits following a motor vehicle accident but failed to attend the scheduled arbitration hearing.

The arbitrator proceeded in the applicant's absence and dismissed the application, as the applicant bore the onus of proving entitlement and presented no evidence.

The insurer was awarded $750 in expenses.

The applicant applied for arbitration to resolve a dispute over statutory accident benefits following a motor vehicle accident.

After his representative was removed from the record, the applicant failed to attend the scheduled arbitration hearing or contact the tribunal.

The arbitrator proceeded in his absence and dismissed the application, finding that the applicant failed to meet his burden of proof and had abandoned his claim.

The insurer was awarded $750 in expenses.

The self-represented plaintiff brought a motion to amend her statement of claim to include accident benefit claims that were the subject of a failed mediation and a subsequently withdrawn arbitration.

The defendant insurer opposed the motion, arguing the amendments were barred by the amended Insurance Act, which requires disputes initiated after April 1, 2016, to proceed to the Licence Appeal Tribunal.

The court agreed, finding that allowing the amendments would circumvent the legislative changes.

The motion to amend was dismissed, though the plaintiff was permitted to pursue the claims at the Tribunal and continue litigating her original statement of claim.

The applicant insurer sought repayment of $11,942.86 in income replacement benefits paid to the respondent following a motor vehicle accident.

The insurer argued the benefits were paid based on material misrepresentations regarding the respondent's employment status and receipt of Employment Insurance.

The Tribunal found that the respondent was neither employed for 26 of the 52 weeks preceding the accident nor receiving Employment Insurance at the time.

Concluding that the respondent made wilful misrepresentations to obtain the benefits, the Tribunal ordered the respondent to repay the full amount of $11,942.86 to the insurer.