Brenda Gross

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

During the pre-hearing process, the arbitrator raised concerns regarding the competence and conduct of the applicant's non-lawyer representatives.

The representatives failed to comply with multiple directions, including providing a signed acknowledgment regarding their status and the applicant's potential liability for expenses.

The arbitrator found that the representatives were not competent, failed to comply with their duties, and were impeding the applicant's access to justice.

Pursuant to section 23(3) of the Statutory Powers Procedure Act, the representatives were excluded from the proceeding.

The insurer was awarded $1,632.99 in expenses, payable as a setoff against any future award to the applicant regarding the disputed treatment plans.

In a pre-hearing decision regarding a claim for statutory accident benefits, the insurer sought to include all fourteen treatment plans from a specific clinic in the arbitration, while the applicant's representatives sought to include only the three that had been mediated.

The arbitrator found that proceeding separately on intertwined treatment plans would lead to undue duplication and risk inconsistent decisions.

The arbitrator stayed the hearing and ordered the insurer to fast-track mediation for the remaining plans.

Additionally, noting the applicant's representatives' failure to provide required submissions and potential conflict of interest, the arbitrator ordered submissions on whether the representatives should be excluded from the proceeding.