Jonathan B. Schrieder

The applicant sought interim housekeeping and income replacement benefits pending arbitration of his claim arising from a motor vehicle accident.

The arbitrator applied the three-part test for interim mandatory orders, requiring the applicant to establish a strong prima facie case, irreparable harm, and that the balance of convenience favoured granting the relief.

The arbitrator found the applicant failed to establish it was more probable than not he would succeed at the hearing, failed to demonstrate irreparable harm given the availability of an earlier hearing date, and found the balance of convenience favoured the insurer.

The motion for interim benefits was dismissed.

Following an arbitration decision regarding statutory accident benefits, the applicant sought hearing expenses of $5,093.02.

The insurer argued each party should bear its own expenses.

The arbitrator considered the criteria under the Expense Regulation, noting mixed success on the issues and that the applicant's representative unnecessarily prolonged the hearing and took meritless legal positions.

However, the applicant recovered more than double the insurer's settlement offer.

The arbitrator awarded the applicant half her counsel fees and all disbursements, totalling $2,211.96.

The applicant sought statutory accident benefits for a TMJ condition and transportation expenses following a motor vehicle accident.

The transportation claim was resolved during the hearing.

The applicant withdrew the TMJ claim after his own expert witness testified that the condition was not caused by the accident.

The arbitrator dismissed the claim and ordered each party to bear their own arbitration expenses, noting that while the hearing might have been avoided with better preparation, the proceeding was not manifestly unfounded, frivolous, or vexatious.

The appellant was injured in a motor vehicle accident and sought payment for two kinesiologist reports prepared by an assessment facility.

The insurer refused payment on the basis that the reports duplicated its own assessments and were not obtained for the purpose of the regulation.

The arbitrator dismissed the claim, finding no evidence that the referral was reasonable or that the reports were useful for the appellant's rehabilitation.

The arbitrator also ordered the appellant to pay the insurer's arbitration expenses.

On appeal, the Director's Delegate upheld the arbitrator's decisions, confirming that the insurer is not required to pay for stand-alone assessments initiated by service providers without reference to treatment needs, and finding no error in the expenses order.

The applicant was injured in a motor vehicle accident and her claims for statutory accident benefits were dismissed in a prior decision.

The insurer sought its expenses for the arbitration proceeding.

The arbitrator found that the applicant's representative's conduct hindered the proceeding and that the application had little merit.

Applying the criteria under the Expense Regulation, the arbitrator ordered the applicant to pay the insurer's expenses, assessed at $2,461.99.