Eric Andrew Francis Grigg

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

Her occupational therapist submitted a treatment and assessment plan (OCF-18) that included a new diagnosis of a foot fracture.

The insurer denied the plan and required the applicant to attend an insurer examination with an orthopaedic surgeon to investigate the new diagnosis.

The applicant failed to attend the examination, arguing the insurer's notice lacked sufficient medical reasons.

The arbitrator found that investigating a new diagnosis constituted a valid medical reason, making the notice compliant with section 44 of the Schedule.

Consequently, the applicant was precluded from proceeding to mediation under section 55(2) of the Schedule.

The moving party, State Farm, brought a motion to quash a judicial review application commenced by the responding party, Waldock, regarding two interlocutory orders made by delegates of the Financial Services Commission of Ontario.

The court granted the motion to quash the judicial review of a procedural order regarding the appeal record, finding it premature.

However, the court dismissed the motion to quash the judicial review of an order that pre-emptively enjoined the responding party from seeking clarification from the arbitrator, finding exceptional circumstances and a potential breach of natural justice that warranted judicial review.

The appellant insurer sought a stay of an arbitrator's order awarding the respondent insured over $360,000 in attendant care and housekeeping benefits, interest, a special award, and legal expenses.

The insurer argued it was denied procedural fairness because it was not given notice that the arbitrator would determine entitlement to and quantum of these benefits and the special award at the expense hearing.

The Director's Delegate found strong substance to the argued error of law regarding procedural fairness and granted a stay of the benefits, interest, special award, and a portion of the legal expenses pending the appeal.

The respondent's motion to estop the appeal and the appellant's cross-motion to strike affidavit material were dismissed.

The claimant applied for statutory accident benefits following a motor vehicle accident and subsequently initiated arbitration after the insurer terminated certain benefits.

The claimant's legal counsel withdrew due to an inability to communicate with her, and the claimant failed to participate in multiple pre-hearing discussions or respond to communications from the arbitrator.

The insurer brought a motion to dismiss the arbitration pursuant to Rule 68 of the Dispute Resolution Practice Code.

The arbitrator found that the claimant's failure to participate rendered the proceeding frivolous and vexatious, dismissed the application, and ordered the claimant to pay the insurer's expenses of $1,414.08.