Eric Grossman

The applicant sought assessment of expenses related to the expert testimony of his family doctor at an arbitration hearing.

The doctor billed for preparation, travel, and attendance time.

The arbitrator held that under section 5(1)2 of Ontario Regulation 664, expert witness expenses are limited to the reasonable time the expert is in attendance at the hearing site, and do not include pre-arbitration preparation or travel time.

The insurer was ordered to pay $112.50 for the 45 minutes the doctor spent at the hearing.

The applicant was injured in a motor vehicle accident and received benefits from the insurer, which were later terminated.

The applicant applied for arbitration but failed to appear at the hearing, subsequently withdrawing her claim.

The insurer sought a dismissal of the applicant's claims, a determination of its own claims for repayment, and an assessment of costs.

The arbitrator held that the applicant's claims were not dismissed and the insurer's claims for repayment could not be determined independently of the applicant's claims.

However, the arbitrator awarded $1,000 to the insurer under section 282(11.2) of the Insurance Act, finding that the applicant's conduct amounted to an abuse of process.

The applicant, a 70-year-old retiree, was injured in a motor vehicle accident and suffered a compression fracture of the L4 vertebrae.

The insurer paid weekly benefits under section 13 of the Statutory Accident Benefits Schedule but terminated them on April 21, 1993, arguing the applicant was no longer substantially unable to perform his essential pre-accident tasks.

The arbitrator determined the applicant's essential tasks included personal care, limited household chores, and a daily walk.

The arbitrator found that the applicant remained substantially unable to perform these tasks until June 8, 1993, when he was discharged from a physiotherapy program having resumed about 70% of his normal daily regimes.

The applicant was awarded weekly benefits for the closed period from April 21 to June 8, 1993, plus interest and arbitration expenses.