Dr. A. Cancelliere

Following an arbitration and a subsequent application for variation/revocation regarding statutory accident benefits, the arbitrator determined the issue of expenses.

The insurer was almost entirely successful in the arbitration and entirely successful in the variation/revocation application.

The arbitrator awarded the insurer its expenses, fixing the amount at $27,425.82 inclusive of fees, HST, and disbursements, after assessing the reasonableness of the claimed preparation time and expert witness fees.

The defendant, The Corporation of the County of Essex, brought a motion requesting the plaintiff, Josef Stonehouse, attend a further neuropsychological assessment and for raw test data from the plaintiff's neuropsychologist.

The court denied the motion, finding that leave was required under Rule 48.04(1) as the trial record had been filed and parties had previously agreed they were ready for trial.

Even if leave were granted, the defendant failed to establish the necessity of the further examination, having made a strategic decision to delay and not comply with previous timetables, and considering potential prejudice and "practice effects" on the plaintiff.

Costs were awarded to the plaintiffs.

State Farm appealed an arbitrator's decision awarding the respondent income replacement benefits and attendant care benefits following a motor vehicle accident.

State Farm sought a stay of the payment orders pending the appeal.

The Director's Delegate found that a complete stay would cause undue hardship to the respondent given the lengthy delays in the proceedings.

However, the Delegate granted a partial stay limited to the extent of Canada Pension Plan child benefits received by the respondent, as the deductibility of those benefits raised a legitimate and substantive question of law.

The applicant was injured in a motor vehicle accident and received caregiver benefits from her insurer.

The insurer terminated the benefits after 104 weeks, arguing she no longer met the test of suffering a complete inability to carry on a normal life.

The arbitrator found that the applicant's physical injuries, combined with chronic pain and a diagnosed Somatoform Pain Disorder, continuously prevented her from engaging in substantially all of her pre-accident activities.

The arbitrator ordered the insurer to pay ongoing caregiver benefits but declined to order a special award, finding the insurer's denial was not unreasonable given the complex medical evidence.

The applicant, a university student, was injured in a motor vehicle accident and missed the first week of her third year.

She returned to school but claimed she was substantially unable to perform her essential tasks due to pain, lack of concentration, and lower grades.

The insurer paid no-fault weekly benefits until April 1991, then terminated them and sought repayment, arguing she was not disabled and had failed to cooperate with medical assessments.

The arbitrator found the applicant was only disabled for the first six weeks after returning to school, as her academic performance did not demonstrate a substantial inability to perform her essential tasks as a student.

The arbitrator ordered the applicant to repay the benefits received after October 16, 1990, finding they were paid through error materially caused by the applicant's failure to provide medical releases or attend an independent medical examination.