Heather Kawaguchi

The insurer brought a motion to dismiss the arbitration and for costs against the applicant and his counsel.

The applicant had failed to attend four scheduled proceedings, including pre-hearings and the motion itself, and his counsel had breached an undertaking to produce him.

The arbitrator found that the applicant's complete failure to participate rendered the continuation of the arbitration vexatious and an abuse of process.

The arbitration was dismissed under the Statutory Powers Procedure Act.

The arbitrator also ordered the applicant and his counsel to be jointly and severally liable for the insurer's expenses, finding that the counsel's conduct fell below expected standards and caused unnecessary costs.

The applicant failed to attend two scheduled arbitration pre-hearings despite an undertaking by his counsel to arrange a date when he could attend.

The insurer sought expenses for costs thrown away.

The arbitrator found that the applicant's counsel breached an enforceable undertaking to the tribunal and failed to take sufficient positive action to ensure compliance.

The arbitrator concluded that the counsel's conduct amounted to an abuse of process and caused expenses to be wasted without reasonable cause.

The insurer was awarded $800 in expenses, payable jointly and severally by the applicant and his counsel of record.

The applicant sought statutory accident benefits following a motor vehicle accident, including caregiver benefits, medical benefits, and housekeeping expenses.

On the third day of the arbitration hearing, the parties advised the arbitrator that they had reached a settlement.

On the joint request of the parties, the application was dismissed on consent without costs.

The applicant sought statutory accident benefits following a motor vehicle accident.

Prior to the commencement of the arbitration hearing, the parties reached a settlement of all issues in dispute.

On the joint request of the parties, the arbitrator issued an order dismissing the application on consent without costs.

The applicant was injured in a motor vehicle accident and applied for medical benefits and lost educational expenses from the insurer.

The parties proceeded to arbitration at the Financial Services Commission of Ontario.

After the hearing concluded but before a decision was issued, the parties reached a settlement.

On consent of the parties, the arbitrator dismissed the application without costs.

The insurer brought a motion seeking an order to compel the insured to attend a new Catastrophic Designated Assessment Centre (CAT DAC) evaluation, or alternatively, to enforce the insured's consent to have the DAC review a new medical report, and to compel attendance at a section 42 examination.

The arbitrator dismissed the motion, finding no jurisdiction under the Statutory Accident Benefits Schedule to order a second CAT DAC or to compel the DAC to act on the insured's consent.

The arbitrator also held that the insured was not required to attend the section 42 examination because the insurer failed to provide proper notice and the examination was sought to bolster the insurer's case rather than to determine entitlement to a benefit.

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

The principal issue was whether she sustained a catastrophic impairment.

Four days before the scheduled hearing, the applicant served a new medical report assessing an aspect of impairment not addressed by the Catastrophic Designated Assessment Centre (CAT DAC).

The insurer requested an adjournment to allow the CAT DAC to address the new issue, rather than seeking to exclude the report under Rule 39.1 of the Dispute Resolution Practice Code.

The arbitrator granted the adjournment, finding that a comprehensive opinion would assist in resolving the dispute and that the delay was not unfair to the applicant, as the late service was her responsibility.

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

The insurer refused to pay, raising a preliminary issue that the applicant made a material misrepresentation on her insurance application by failing to disclose her complete accident history.

The arbitrator found that the applicant knowingly failed to disclose prior accidents, which constituted a material misrepresentation that induced the insurer to enter into the contract.

Pursuant to section 30(2)(a) of the Statutory Accident Benefits Schedule, the insurer was relieved of its obligation to pay the claimed benefits.

The applicant's son was killed in a motor vehicle accident when he was struck as a pedestrian by a vehicle insured by the respondent.

The applicant, who lived in Ethiopia, claimed entitlement to death benefits under section 25 of the Statutory Accident Benefits Schedule, arguing she was principally dependent on her son for financial support.

The insurer disputed the dependency claim, questioning the sufficiency of the evidence provided, which included a decision from an Ethiopian communal court and a statutory declaration.

The arbitrator found that the applicant had made best efforts to provide the requested information and that the evidence, including the Ethiopian court decision, established she was financially dependent on her son.

The arbitrator ordered the insurer to pay $35,000 in death benefits plus interest.

The applicant sought income replacement benefits following a motor vehicle accident.

The applicant failed to attend the arbitration hearing, and his counsel was granted leave to withdraw.

Relying on the insurer's medical evidence that the applicant's ongoing impairment was related to a prior workplace accident, the arbitrator dismissed the claim for benefits.

The arbitrator found the applicant's failure to attend or maintain contact with his counsel constituted an abuse of process, ordering him to pay $3,000 under subsection 282(11.2) and $1,000 in expenses under subsection 282(11) of the Insurance Act.