Daniel Flatt

The arbitrator determined the entitlement and quantum of expenses following an arbitration decision regarding statutory accident benefits.

The Insurer achieved a greater degree of success, having successfully defended against three of four benefit claims and a claim for a special award.

The arbitrator considered written offers to settle, noting the Insurer's offer was closer to the final result than the Applicant's offer.

The arbitrator also reviewed the conduct of the Applicant's counsel but found it did not unreasonably prolong the hearing.

The Insurer was awarded 60% of its recoverable expenses, assessed at $6,552.19, after reductions for unnecessary second counsel and unrecoverable disbursements such as court reporting and transcript fees.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, which the insurer denied.

The insurer raised a preliminary issue that the applicant's arbitration request was filed beyond the two-year limitation period.

On the morning of the preliminary issue hearing, the applicant's counsel requested an adjournment because the applicant had travelled to Germany and could not attend.

The insurer opposed the adjournment and moved to dismiss the arbitration.

The arbitrator granted the adjournment, noting it was the applicant's first request and her life was in transition, but ordered the hearing peremptory to the applicant and awarded $1,500 in costs to the insurer.

The motion to dismiss was denied as it would severely prejudice the applicant's rights without a hearing.

The applicant was injured in a motor vehicle accident while driving a rental car.

He submitted an Application for Accident Benefits to the Motor Vehicle Accident Claims Fund.

The Fund argued it was not an insurer under section 268 of the Insurance Act and section 2 of O. Reg. 283/95 because there was no sufficient nexus between it and the applicant.

The arbitrator found that the applicant's decision to send the application to the Fund was arbitrary, given his limited efforts to determine the insurer of the rental car.

The arbitrator concluded that the Fund was not required to respond to the application as it was not the first insurer to receive a completed application.