Conor Wyche

The applicant sought payment for an in-home assessment under the Statutory Accident Benefits Schedule following a motor vehicle accident.

The respondent denied the claim on the basis that the expense was incurred before the treatment plan (OCF-18) was submitted, contrary to section 38(2) of the Schedule.

The applicant brought a motion to preclude the respondent from relying on this defence, arguing it was raised late.

The Adjudicator dismissed the motion, finding no prejudice to the applicant.

On the substantive issue, the Adjudicator found the applicant failed to comply with section 38(2) by incurring the expense prior to submitting the OCF-18, and therefore the cost of the assessment was not payable.

The applicant's legal representative, a licensed paralegal, brought a motion to withdraw as the representative of record in an arbitration for statutory accident benefits.

The applicant had failed to attend pre-hearing conferences and there was a breakdown in the solicitor-client relationship, leaving the representative with no meaningful instructions.

The insurer took no position on the motion.

The arbitrator granted the motion, permitting the representative and his firm to withdraw from the proceeding.

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

Prior to the arbitration hearing, the applicant's legal counsel was granted leave to withdraw due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the scheduled arbitration hearing.

As the applicant presented no evidence to prove entitlement to the claimed benefits, the claims were dismissed.

The insurer was awarded $1,500 in expenses.

The applicant's paralegal brought a motion to withdraw as the legal representative of record in a statutory accident benefits arbitration.

The applicant failed to attend pre-hearing conferences and the motion hearing.

The arbitrator found there had been a breakdown of the solicitor-client relationship and the representative had no meaningful instructions.

The motion to withdraw was granted.

The applicant sought a medical benefit for physiotherapy following a motor vehicle accident.

The applicant failed to attend the arbitration hearing, and her legal representative was granted leave to withdraw.

As the applicant presented no evidence to prove her entitlement, her claims were dismissed.

The insurer was awarded $1,500 in expenses.