Benjamin Flanagan

The appellant appealed an Arbitrator's decision that he was not involved in an 'accident' under the Statutory Accident Benefits Schedule.

The insurer had denied benefits based on expert evidence from an Electronic Data Recorder suggesting the collision was staged.

The Director's Delegate allowed the appeal, finding that the Arbitrator erred in law.

Even if the appellant intentionally accelerated into the other vehicle, he was still driving the car, which meets the ordinary and well-known use test for an 'accident'.

The issue of wilful misrepresentation remained to be decided.

The applicant sought statutory accident benefits following a motor vehicle accident.

After her legal representative was removed from the record due to a breakdown in the relationship and inability to communicate, the applicant failed to participate in the proceedings.

The insurer brought a motion to dismiss the application and for expenses.

The arbitrator found the application had become frivolous and vexatious due to the applicant's lack of cooperation and dismissed the application under Rule 68 of the Dispute Resolution Practice Code.

The insurer was awarded expenses of $1,761.56 based on Legal Aid rates.

The applicant brought a preliminary motion to remove the insurer's counsel due to an alleged conflict of interest, which was dismissed.

The insurer sought its expenses of $3,378.99 for the motion.

The arbitrator found that the insurer was not entirely successful, as its request to stay the motion was denied, warranting a 20% reduction.

The arbitrator further reduced the insurer's costs by 40% because the applicant's motion was not unnecessary given conflicting court decisions, the issue was of public interest, and the applicant was impecunious.

The insurer was awarded $1,297.38 in expenses, payable at the conclusion of the hearing on the merits.