Corinne P. Habkirk

The applicant applied for statutory accident benefits following a motor vehicle accident.

After his counsel was removed from the record and he failed to respond to attempts to reschedule a pre-hearing conference, the arbitrator notified the applicant of an intention to dismiss the arbitration without a hearing under Rule 68.1 of the Dispute Resolution Practice Code.

The applicant, who was incarcerated, contacted the Commission within the 20-day notice period to express his intention to proceed.

The arbitrator exercised discretion to allow the arbitration to proceed, finding that despite technical breaches, the applicant had not abandoned the proceeding and it was not frivolous, vexatious, or commenced in bad faith.

The insurer brought a motion for the production of a Crown Brief and police records relating to drug trafficking charges against the applicant, arguing the records were relevant to the applicant's entitlement to income replacement benefits.

The applicant's counsel did not oppose the motion and subsequently sought to be removed from the record due to a breakdown in the solicitor-client relationship.

The arbitrator granted the unopposed production motion and ordered the applicant's counsel removed from the record.

The Applicant was injured in a motor vehicle accident and initially elected to receive income replacement benefits, but later switched to caregiver benefits.

After her maternity benefits expired and she was unable to resume her pre-accident employment, she sought to re-elect income replacement benefits.

The insurer denied the request, arguing the initial election was irrevocable.

The Arbitrator held that the Statutory Accident Benefits Schedule allows for re-election of weekly benefits in some circumstances.

Finding that the Applicant had legitimate reasons for the delayed re-election and that the insurer suffered no prejudice, the Arbitrator ordered that the Applicant be allowed to re-elect income replacement benefits.

The applicant applied for arbitration at the Financial Services Commission of Ontario after the insurer refused to pay statutory accident benefits following a motor vehicle accident.

Prior to the hearing, the applicant's counsel was removed from the record, noting the applicant had left the country and was no longer interested in the arbitration.

The applicant failed to appear at the scheduled hearing.

Consequently, the arbitrator dismissed the application for arbitration.

The arbitrator ordered the applicant to pay the insurer's arbitration expenses in the amount of $2,096.55, disallowing a claim for travel time and the filing fee.

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

After the applicant's counsel was removed from the record and the applicant indicated he would not attend the arbitration, the insurer brought a motion to dismiss the arbitration without a hearing under Rules 34.1(e) and 65.7 of the Dispute Resolution Practice Code.

The arbitrator dismissed the motion, applying the implied exclusion rule of statutory interpretation to find that because Rule 68 specifically provides for dismissal without a hearing and its strict timelines were not met, Rules 34.1(e) and 65.7 could not be used to bypass those requirements.