Janet S. Young

The applicant sought an income replacement benefit (IRB) for the period of September 15, 2016 to March 1, 2017, following a motor vehicle accident.

The applicant had returned to modified duties as a delivery driver but was subsequently terminated for reasons unrelated to his injuries.

The Tribunal found that the applicant failed to provide objective medical evidence demonstrating a substantial inability to perform the essential tasks of his pre-accident employment during the disputed period.

The application for IRB, interest, a special award, and costs was dismissed.

Following an arbitration hearing where the applicant achieved mixed success, including an award for ongoing income replacement benefits, the applicant sought expenses.

The arbitrator considered the criteria under section 12 of Regulation 664 and awarded the applicant partial indemnity costs.

The applicant was awarded $8,459.47 in fees plus HST, and $17,191.54 in disbursements, for a total of $26,750.74.

The defendant, Nicole Vandelden, brought a motion for summary judgment to dismiss the plaintiff's action arising from a motor vehicle incident.

The plaintiff opposed, arguing that credibility issues required a trial.

The court reviewed extensive evidence, including conflicting accounts from the parties and multiple witnesses, as well as police notes and surveillance video.

Despite the general principle that credibility should be assessed at trial, the court found that the independent witness's evidence was unassailable and unchallenged, making it an exceptional case where the paper record was sufficient to reach a fair and proportionate conclusion.

The defendant's motion for summary judgment was granted, and the action was dismissed.

The parties settled the applicant's claim for statutory accident benefits prior to the arbitration hearing, leaving only the issue of expenses to be determined.

The applicant sought $25,228.49 in fees and disbursements.

The arbitrator found that the applicant was entitled to expenses, but reduced the claimed amounts, noting that the matter was not complex and that certain disbursements for web-based document services were not recoverable.

The arbitrator fixed the applicant's expenses at $12,250.00, inclusive of fees, disbursements, and taxes.

The applicant was injured in a motor vehicle accident and applied for arbitration of her claims for statutory accident benefits.

The parties settled the claims on the eve of the hearing, with the insurer agreeing to pay the applicant's arbitration expenses.

The parties could not agree on the amount, leading to this hearing.

The arbitrator reduced the claimed legal fees, finding 50 hours reasonable instead of the claimed 62.625 hours, and deducted a small amount for parking and mileage from the disbursements.

The applicant was awarded $18,385.66 in fees and disbursements.

Following a partial settlement of the applicant's claims for statutory accident benefits, the parties could not agree on the quantum of expenses payable by the insurer.

The arbitrator assessed the applicant's legal fees and disbursements, reducing the claimed hours and applying a 40% reduction to account for work related to unsettled issues.

The arbitrator awarded $14,140.18 in expenses but allowed the insurer to set off $1,000 previously ordered against the applicant for a late disclosure adjournment, resulting in a net award of $13,140.18.

The insurer appealed a pre-hearing arbitrator's decision refusing its request for an order compelling the insured to attend further insurer examinations (IEs) and precluding the introduction of IE reports and surveillance evidence.

The Director's Delegate dismissed the appeal, finding that while the arbitrator erred in stating that the sole right an insurer has to conduct IEs is to adjust the file, the arbitrator made a factual finding that there was no evidence the request reflected any further need based on adjusting the file.

The Delegate also noted procedural deficiencies in the insurer's notices, which were sent under the wrong regulation.

The Delegate declined to interfere with the evidentiary rulings, noting that the hearing arbitrator is not bound by the pre-hearing arbitrator's decisions.

The applicants sought expenses following the resolution of an interim benefits motion regarding a motor vehicle accident claim.

The parties had agreed on interim benefits but could not agree on expenses.

The arbitrator reviewed the applicants' Bill of Costs, allowing 30 hours of counsel time at $150 per hour after deducting duplicative and premature claims.

Disbursements for reports were allowed up to the maximum under the Expense Regulation, and photocopying was permitted, while parking was disallowed.

The applicants were jointly awarded $19,846.22 in expenses, inclusive of HST.

The appellant was injured in a rear-end motor vehicle collision.

At trial, the jury found neither the appellant nor the respondent negligent, accepting evidence that an unknown driver cut in front of them and caused the sudden braking.

The appellant's action was dismissed.

On appeal, the appellant argued the unknown driver evidence should have been excluded because it was not pleaded.

The Court of Appeal dismissed the appeal, noting the evidence was known to the appellant and admitted without objection at trial.

The court also upheld the jury's assessment of damages as defensible based on the evidence of soft tissue injuries.

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

The parties resolved the substantive issues and consented to dismiss the arbitration with costs of $500 payable to the insurer.

A preliminary issue arose regarding a joint motion by the parties seeking an expense order against the applicant's former representative, who had been summonsed as a witness but failed to attend the initial hearing date due to illness without notifying counsel.

The arbitrator dismissed the motion, finding no statutory authority under section 282(11.2) of the Insurance Act to award expenses against a non-party or a former representative who was summonsed merely as a witness.