James V. Leone

The applicant failed to attend scheduled pre-hearings and ceased communicating with his counsel regarding his claim for statutory accident benefits.

The insurer brought a motion to dismiss the application without a hearing, and the applicant's counsel moved to be removed as representatives of record.

The arbitrator granted the counsel's motion to be removed.

Rather than dismissing the claim as frivolous or vexatious, the arbitrator deemed the application withdrawn under Rule 70 of the Dispute Resolution Practice Code.

The applicant was ordered to pay $1,000 in expenses to the insurer due to his failure to participate.

The applicant sought payment for three medical assessments totaling $3,700 following a motor vehicle accident.

At the arbitration hearing, the self-represented applicant was the only witness and provided no documentary evidence.

The arbitrator dismissed the application, finding no evidence that the invoices or assessments were ever submitted to the insurer, nor any evidence that the costs were reasonable or necessary to resolve a dispute over benefits.

The applicant was ordered to pay $500 in costs to the insurer.

Following an arbitration where the applicant was largely successful in claiming statutory accident benefits, the parties could not agree on expenses.

The arbitrator determined that the applicant was entitled to her expenses.

The arbitrator assessed the legal fees, reducing the requested hourly rate from $150 to $120 due to the representative's failure to properly organize documentary evidence, which prolonged the proceedings.

The arbitrator also reduced the preparation time ratio from 4:1 to 2:1.

Total expenses of $29,704.60, inclusive of fees, disbursements, and GST, were awarded to the applicant.

The insurer brought a motion seeking an order to compel the insured to attend psychiatric and vocational assessments.

The insured opposed the motion, arguing that the arbitrator lacked jurisdiction to grant such an order, that the insurer failed to provide proper notice under section 42(2) of the Statutory Accident Benefits Schedule, and that the examinations were not reasonably necessary.

The arbitrator dismissed the motion, finding no jurisdiction to compel attendance at medical examinations.

The arbitrator also found that the notice provided by the insurer was void for failing to meet the statutory requirements and that the requested examinations were sought to bolster the insurer's case rather than to adjust the file.

The applicant insurer sought judicial review of a decision by the Financial Services Commission of Ontario granting the respondent an extension of time to appeal an arbitrator's decision.

The arbitrator had previously dismissed the respondent's claim for income replacement benefits as statute-barred.

The Director's Delegate extended the time to appeal because a recent Supreme Court of Canada decision raised a novel issue of broad significance regarding limitation periods.

The Divisional Court dismissed the application for judicial review, finding that the Director's Delegate's discretionary decision to extend the time was not patently unreasonable.

The applicant sought to withdraw from arbitration after the parties resolved his claims for statutory accident benefits.

The insurer objected, seeking an order that the applicant pay its $3,000 assessment fee and arbitration expenses as a condition of withdrawal.

The arbitrator allowed the withdrawal, finding the claims were properly brought and resolved prior to the pre-hearing discussion.

The insurer's request for expenses was dismissed as the proceeding was not frivolous or vexatious, and the claim for the assessment fee was dismissed because the statutory provision authorizing it had been repealed.

The appellants appealed the judgment of the motions judge.

The Court of Appeal found no basis to interfere with the decision and dismissed the appeal with costs fixed at $2,500.