Adam A. Moras

The applicant, who was injured in a motor vehicle accident while riding his bicycle, sought an increased quantum for attendant care benefits provided by his mother.

The applicant argued the rate should reflect the wage his mother would have earned had she not stopped looking for employment to care for him.

The Tribunal found that the applicant failed to prove his mother suffered an economic loss within the meaning of section 3(7)(e)(iii)(b) of the Schedule, as there was insufficient evidence that she would have found employment or been able to work given her own psychological impairments.

The claim for an increased quantum was dismissed.

The applicant sought to withdraw his application for arbitration regarding statutory accident benefits after a settlement had been reached.

The insurer agreed to the withdrawal but sought costs and its assessment fee against the applicant's representative or the applicant personally, arguing the proceeding was an abuse of process.

The arbitrator held there was no jurisdiction under the Insurance Act to order costs against a representative or non-party.

The arbitrator also declined to order costs against the applicant personally, finding his conduct was not frivolous, vexatious, or an abuse of process.

The withdrawal was permitted on the condition that if the matter is brought again, the applicant must pay the insurer's assessment fee and costs.