J. Jason M. Kerr

Following an arbitration where the insurer successfully argued that the applicant's impairments fell within the Minor Injury Guideline, both parties sought their expenses of the proceeding.

The arbitrator awarded expenses to the insurer, noting its complete success on the issues in dispute and its reasonable offers to settle made well before the hearing.

The arbitrator rejected the applicant's arguments that the insurer engaged in sharp practice or that novel issues were raised.

The insurer's claimed costs were reduced to reflect a more reasonable preparation-to-hearing time ratio and to comply with the maximum allowable disbursements for expert witnesses and travel under the Expense Regulation.

The insurer was awarded $10,928.92 inclusive of HST and disbursements.

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

After failing to attend scheduled insurer examinations and failing to provide requested documentation, the applicant withdrew her claims two business days before the scheduled arbitration hearing.

The insurer sought its expenses.

The arbitrator found that the applicant had unduly prolonged the proceedings and failed to attend required examinations.

The arbitrator awarded the insurer its arbitration assessment fee and a portion of its legal expenses, totaling $8,862.04 inclusive of HST and disbursements.

Appeal from a private arbitrator’s priority decision under the Insurance Act and the Statutory Accident Benefits Schedule.

The arbitrator held that an elderly foreign visitor injured as a pedestrian in Ontario was a dependant of his Canadian family and therefore required to claim statutory accident benefits from their insurer.

The court held that the arbitrator erred in law by focusing on the visitor’s inability to work in Canada due to his visa status while ignoring his substantial assets and ability to support himself in his home country.

The dependency analysis under the SABS requires a holistic assessment of the claimant’s financial resources and ability to be self‑supporting, including the voluntary nature of any alleged dependency.

Because the visitor’s reliance on his family arose solely from his voluntary stay in Canada, he was not their dependant for priority purposes.