Ashley Shmukler

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

The respondent insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).

The applicant argued for removal from the MIG due to pre-existing conditions, a meniscal tear, chronic pain, and psychological impairments.

The Tribunal found that the applicant failed to prove on a balance of probabilities that his injuries warranted removal from the MIG.

As the $3,500 MIG limit was already exhausted, the claims for additional physiotherapy, psychological services, and a social work assessment were dismissed.

The appellant insurance company sought its legal expenses following a successful appeal where it was determined that the respondents had staged an accident and were required to repay accident benefits.

The respondents did not participate in the proceedings.

The Director's Delegate reviewed the appellant's Bill of Costs and found the claimed legal fees, based on the legal aid rate, and disbursements to be reasonable.

The respondents were ordered to pay the appellant $2,010 for its legal appeal expenses.

The applicant brought a motion to amend their witness list and request summonses for two witnesses, Christopher Lun and Douglas Young, ahead of an upcoming hearing.

The Tribunal allowed the applicant to replace one witness and add a psychologist on consent.

The Tribunal ordered that a summons be issued for Mr. Lun, the respondent's adjuster, upon the applicant complying with Rule 8.2.

However, the Tribunal refused to add Mr. Young, the adjuster's manager, as a witness, finding the applicant failed to provide sufficient evidence that he was a necessary or relevant witness regarding the issue of a special award.

The applicant's legal counsel brought a motion to be removed from the record due to an inability to contact the applicant.

The insurer brought a motion to dismiss the application for arbitration and sought costs.

The arbitrator granted the motion to remove counsel from the record, finding that due diligence was exercised.

The arbitrator also dismissed the application for arbitration as frivolous, vexatious, or commenced in bad faith because the applicant failed to participate in any of the proceedings.

The insurer was awarded $500 in expenses for unnecessarily prolonging the arbitration process.

The defendant driver brought a motion for summary judgment seeking dismissal of the action against him following a motor vehicle collision involving an unidentified vehicle that turned left across his path.

The plaintiff was a passenger and also sued his insurer under unidentified automobile coverage.

The insurer brought a cross-motion arguing that the driver was at least partially negligent, which would negate the insurer’s liability.

Applying Rule 20 of the Rules of Civil Procedure, the court found no genuine issue requiring a trial and concluded that the driver failed to exercise reasonable care in poor visibility and slippery winter road conditions.

The court held the driver was at least 1% liable for the collision and dismissed the claim against the insurer.

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

After failing to attend two pre-hearing conferences and the scheduled arbitration hearing, the applicant's counsel was permitted to withdraw from the proceeding.

As no one appeared on behalf of the applicant to tender evidence, the arbitrator dismissed the claims for non-earner and medical benefits.

The applicant was ordered to pay $1,500 for the insurer's arbitration expenses.