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Applicant ordered to produce caretaker details and prior settlement notice relevant to pre-existing condition.
The insurer brought a motion for the production of documents and information relating to the applicant's prior motor vehicle accident in 2000, arguing it was relevant to assessing her claims arising from a subsequent 2007 accident.
The insurer also sought clarification regarding the applicant's capacity and her substitute decision-maker.
The arbitrator found that the capacity issue had been resolved by the applicant filing the necessary documentation.
The arbitrator ordered the applicant to provide the names and details of her caretakers from two years prior to the 2007 accident to the present, as well as the Settlement Disclosure Notice from the 2000 accident, finding them relevant to her pre-accident condition and needs.
Insurer denied expenses after applicant reasonably withdrew arbitration following a long-term disability settlement.
The applicant was injured in a motor vehicle accident and received income replacement benefits from the insurer.
The insurer later terminated these benefits, and the applicant applied for arbitration.
Prior to the preliminary issue hearing, the applicant settled her long-term disability claim, which would offset any potential income replacement benefits, and subsequently withdrew her arbitration.
The insurer sought $6,088.65 in expenses for its preparation for the preliminary issue hearing.
The arbitrator dismissed the insurer's claim for expenses, finding that the applicant had a valid reason for withdrawing and had provided timely notice to the insurer two months before the hearing.
Motion to remove former arbitrator as counsel dismissed; passage of time alleviated bias concerns.
The applicant brought a motion to remove the insurer's counsel from the record on the basis that her prior employment as an arbitrator at the Financial Services Commission of Ontario raised a reasonable apprehension of bias.
The arbitrator dismissed the motion, finding that the passage of two and a half years since the counsel's departure from the Commission was sufficient to alleviate any reasonable concerns that the requirements of fundamental justice would not be met.
