5 total
Appeal dismissed; no palpable and overriding error in trial judge's finding that plaintiff failed to meet Insurance Act threshold.
The plaintiff appealed a trial judge's decision finding she did not meet the threshold requirements under s. 267.5 of the Insurance Act.
The plaintiff argued the trial judge committed palpable and overriding errors by failing to explain his preference for conflicting medical evidence and by omitting reference to the evidence of her chiropractor.
The Divisional Court dismissed the appeal, holding that the standard of review is palpable and overriding error, and finding no such error in the trial judge's careful review of the evidence.
Applicant awarded expenses of $18,832.68 after achieving mixed but overall success in accident benefits arbitration.
The applicant sought expenses following an arbitration decision regarding statutory accident benefits.
The arbitrator found that the applicant was generally successful, having obtained an award for housekeeping benefits and successfully defeated the insurer's position on non-earner benefits.
The insurer's argument that the applicant's late withdrawal of the attendant care claim should disentitle him to expenses was rejected, as the insurer failed to demonstrate significant costs thrown away.
The applicant was awarded expenses in the amount of $18,832.68.
Time to appeal arbitrator's expense decision extended; fresh evidence partially admitted for the appeal record.
The appellant sought to appeal an arbitrator's decision regarding legal expenses following a settlement of his statutory accident benefits claim.
The respondent argued the appeal was filed out of time.
The Director's Delegate found reasonable grounds to extend the time for the appeal, noting the appellant's early intention to pursue the issue.
The Delegate also ruled on the admissibility of fresh evidence, refusing an affidavit but allowing certain correspondence and exhibits to form part of the appeal record.
Claims for statutory accident benefits dismissed where applicant failed to attend and insurer's medical evidence preferred.
The applicant sought statutory accident benefits following a motor vehicle accident, including medical benefits, housekeeping expenses, and a special award.
Despite the applicant's failure to attend the hearing, his counsel proceeded.
The arbitrator dismissed the claims for medical benefits, preferring the evidence of the insurer's medical experts who conducted physical examinations over the applicant's expert who only performed a paper review.
The arbitrator also found that the treatment facility had overbilled for the duration of sessions.
The claims for housekeeping and a special award were dismissed due to lack of evidence and the finding that no benefits were unreasonably withheld.
The insurer was awarded its arbitration expenses.
Representative removed due to undisclosed financial conflict of interest as clinic owner.
The insurer brought a motion to remove the applicant's representative, Ms. Lubman, due to a conflict of interest.
Ms. Lubman owned the clinic that provided the psychological evaluation for which the applicant sought payment.
The arbitrator found that the applicant did not have a sufficient understanding of the consequences of the conflict of interest and had not made an informed decision to waive it.
The motion was granted and Ms. Lubman was removed as the applicant's representative.
