Jonathan B. Schrieder

The applicant sought an assessment of legal fees following a successful arbitration for statutory accident benefits.

The insurer disputed the amount claimed, arguing that the preparation time was excessive and the hourly rate should be reduced.

The arbitrator found the applicant's bill of costs reasonable, noting the insurer's late reinstatement of benefits and unsuccessful adjournment request necessitated the preparation.

The arbitrator awarded the applicant $13,634.48 in legal fees and GST, including costs for the expense assessment hearing.

The Applicant applied for arbitration after the Insurer terminated her statutory accident benefits.

Neither the Applicant nor her paralegal representative attended the scheduled arbitration hearing, despite having notice.

The arbitrator proceeded in their absence and dismissed the Applicant's claims for failing to meet the burden of proof.

The Insurer's claim for repayment of benefits was also dismissed as no evidence was presented.

Due to the representative's failure to comply with production agreements and failure to attend the hearing, the arbitrator awarded expenses to the Insurer and held the Applicant and her representative jointly and severally liable for the costs.

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

During the arbitration hearing, the arbitrator reviewed correspondence regarding a prior adjournment request, which inadvertently disclosed a confidential settlement offer.

Citing a reasonable apprehension of bias, the arbitrator recused himself and adjourned the hearing to be heard by a different arbitrator, while remaining seized of the issue of expenses for the aborted hearing.

The applicant was injured in a motor vehicle accident and received statutory accident benefits, which the insurer later terminated.

Shortly before the arbitration hearing, the insurer unilaterally reinstated the benefits but at a lower rate for the income replacement benefits (IRBs) and refused to consent to an Order for ongoing benefits.

The arbitrator held a hearing on the merits and found the applicant entitled to ongoing IRBs and housekeeping benefits.

The arbitrator ordered the IRBs to be paid at the original rate of $400 per week, as the insurer had failed to mediate the issue of quantum.

A special award of $5,000 was also granted due to the insurer's delay and failure to properly investigate the claim.

The insurer brought a motion for an order directing the applicant's employer, GGS Plastic Engineering Inc., to produce a copy of the applicant's employment file.

The applicant had previously provided written authorization for the release of the file, but the employer failed to respond.

The arbitrator ordered the employer to produce the file upon payment of reasonable copying expenses by the insurer.

The insurer's request for expenses against the applicant and the employer was dismissed.

The applicant was injured in two motor vehicle accidents and claimed caregiver, housekeeping, and medical benefits following the second accident.

The insurer terminated caregiver and housekeeping benefits in December 2000.

The arbitrator found that the applicant was entitled to caregiver and housekeeping benefits up to February 23, 2001, based on DAC assessments indicating she had substantially recovered to her pre-second-accident baseline by that date.

The arbitrator also awarded $600 for a massage therapy treatment plan to address an exacerbation of her fibromyalgia, rejecting the insurer's reliance on an outdated orthopaedic assessment.

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 sought statutory accident benefits for a medical account.

The applicant failed to attend multiple pre-hearing discussions.

The applicant's representative sought to withdraw from the proceeding without providing proper notice or obtaining consent.

The arbitrator denied the representative's request to withdraw, ordered the applicant to pay costs for non-attendance, and allowed the insurer to add an issue regarding the repayment of $1,900 in previously paid benefits.

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.