Andrea D’Addese

The applicant sought non-earner benefits and a medical benefit for physiotherapy following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding the applicant failed to prove she suffered a complete inability to carry on a normal life.

The Tribunal relied on insurer's examination reports and the applicant's own self-reporting to medical practitioners, which contradicted her claims of disability and indicated she had returned to a substantially normal, active life.

The claim for physiotherapy was also dismissed as the applicant failed to provide medical evidence to support it, and the insurer's medical examination concluded she had reached maximum medical recovery.

Claims for interest and a special award were consequently dismissed, and the insurer's request for costs was denied.

The applicant sought an income replacement benefit (IRB) following a motor vehicle accident.

The Licence Appeal Tribunal found that the applicant failed to prove substantive entitlement to an IRB under s. 5(1) of the Statutory Accident Benefits Schedule.

However, because the insurer failed to respond to the application within ten business days, the applicant was procedurally entitled to an IRB of $400 weekly for the period between October 21, 2015, and May 1, 2017, pursuant to s. 36(6) of the Schedule.

Claims for a special award and costs were dismissed.

The applicant sought accident benefits following a motor vehicle accident and applied for arbitration.

At the hearing, the applicant's representative brought a verbal motion to withdraw the application with prejudice, as the applicant was out of the country.

The insurer did not object to the withdrawal but sought costs, arguing the late withdrawal prejudiced them.

The arbitrator allowed the withdrawal on the condition that the applicant pay the insurer's reasonable legal expenses.

The arbitrator ordered the applicant to pay $3,992.68 in costs, calculating the amount based on the Legal Aid Services Act rates and a 4:1 ratio for preparation and hearing time.

The applicant withdrew their application before the Licence Appeal Tribunal.

Prior to the withdrawal, the respondent had requested that the application be dismissed with costs because the applicant failed to provide submissions by the ordered deadline.

The Tribunal administratively closed the file without addressing the costs request, stating it no longer had jurisdiction.

The respondent requested a reconsideration.

The Executive Chair granted the reconsideration, finding that the Tribunal's failure to address the pending costs request before closing the file was a breach of procedural fairness.

The matter was remitted to an adjudicator to determine the costs issue.

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

After the applicant's legal representative was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to participate in the proceedings or communicate with the insurer or the arbitrator.

The insurer brought a motion to dismiss the application for arbitration.

The arbitrator granted the motion, finding the application had been abandoned and was therefore frivolous and vexatious.

The application was dismissed forthwith, and the applicant was ordered to pay $500 in costs to the insurer if he makes any further claims for benefits related to the accident.