4 total
Arbitration application dismissed and counsel removed from record after applicant failed to appear or communicate.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After the parties failed to resolve their disputes through mediation, the applicant applied for arbitration.
The applicant subsequently failed to appear at any pre-hearings and lost contact with his counsel.
Counsel brought a motion to be removed from the record, which was granted.
Due to the applicant's failure to pursue his application or appear at the hearing, the application for arbitration was dismissed.
The applicant was ordered to pay the insurer's expenses fixed at $2,000.
Applicant awarded ongoing income replacement and medical benefits after establishing accident materially contributed to chronic pain and depression.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits from the insurer.
The insurer terminated income replacement and housekeeping benefits, arguing that the applicant's ongoing impairments were related to pre-existing conditions rather than the accident.
The arbitrator found that the accident materially contributed to the applicant's development of chronic pain syndrome and depression.
The arbitrator concluded that the applicant suffered a complete inability to engage in any employment for which he was reasonably suited and awarded ongoing income replacement benefits, housekeeping benefits, and various medical and rehabilitation benefits.
The claim for a special award was dismissed as the insurer's reliance on incorrectly completed disability certificates was not unreasonable.
Arbitration dismissed and expenses awarded against applicant for vexatious failure to participate in proceedings.
The applicant applied for statutory accident benefits following a motor vehicle accident and subsequently initiated arbitration at the Financial Services Commission of Ontario.
The applicant's representative brought a motion to withdraw from the record due to a complete breakdown in communication and loss of contact with the applicant.
The insurer brought a motion to dismiss the arbitration and sought its expenses.
The arbitrator granted the representative's motion to withdraw, finding that the proper procedures were followed.
The arbitrator also dismissed the arbitration without a hearing under the Statutory Powers Procedure Act, finding that the applicant's repeated failure to attend hearings or participate in the process was vexatious.
The applicant was ordered to pay the insurer's expenses fixed at $2,272.53.
Insurer alleging staged accident permitted to intervene as party Defendant rather than Statutory Third Party.
The appellant insurer appealed an interlocutory order adding it as a Statutory Third Party rather than as an intervenor under Rule 13.01 in an action arising from an allegedly staged motor vehicle accident.
The insurer argued that as a Statutory Third Party, it could not take a position contrary to its insured, preventing it from fully contesting liability based on fraud.
The Superior Court allowed the appeal, finding that the insurer should be added as a party Defendant to avoid a multiplicity of proceedings and to allow it to properly defend against the alleged fraud.
