Dr. B.S. Sehmi

Following an arbitration and appeal regarding statutory accident benefits, the applicant sought an assessment of his arbitration expenses.

The insurers argued that the appeal automatically stayed the arbitration expenses order, but the arbitrator noted that under the Insurance Act, an appeal does not stay an order unless the Director decides otherwise.

The arbitrator assessed the applicant's claimed legal fees and disbursements, allowing a portion of the preparation time and expert witness fees.

After accounting for set-offs for collateral benefits and the insurers' appeal expenses, Allstate was ordered to pay $3,569.45 and Wellington was ordered to pay $6,381.95.

The appellant appealed an arbitration decision denying his claims for ongoing weekly income benefits and income replacement benefits from two insurers following two motor vehicle accidents.

The arbitrator found the appellant was capable of working as a truck driver and had exaggerated his limitations, relying on medical evidence including a Ministry of Transportation medical report completed by his own orthopaedic surgeon.

The Director's Delegate upheld the arbitrator's findings, confirming the denial of benefits, the order to repay $3,750 in available collateral benefits to Allstate, and the refusal to order special awards.

The appeal was dismissed with expenses awarded to the insurers.

The applicant, a homemaker, claimed she was totally disabled from performing her essential tasks after being injured as a passenger on a bus.

She applied for weekly benefits, childcare benefits, and a special award under the No-Fault Benefits Schedule.

The arbitrator dismissed the claims for benefits, finding the applicant's evidence of total disability implausible and inconsistent with medical reports, her own conduct, and observations by the insurer's representatives.

The arbitrator concluded the applicant was not substantially unable to perform her essential tasks.

However, the applicant was awarded her arbitration expenses as the proceeding was not brought for an improper purpose.