Jay Stolberg

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

The insurer alleged the accident was staged and part of a fraud ring.

Mid-hearing, the applicant's representative unsuccessfully sought an adjournment and to withdraw the application, then abandoned the hearing.

The arbitrator found the insurer failed to prove the accident was staged, but dismissed all benefit claims due to severe credibility issues and lack of evidence regarding the applicant's employment and housekeeping needs.

The arbitrator awarded the insurer $5,000 in expenses and a $1,500 assessment fee due to the applicant's frivolous claims and abusive conduct.

The applicant was injured in a motor vehicle accident and claimed statutory accident benefits, including caregiver and housekeeping benefits, as well as medical expenses.

The insurer denied the claims, arguing the applicant was not the primary caregiver and that the expenses were not reasonable or necessary.

The arbitrator dismissed the applicant's claims, finding her evidence regarding the payment for caregiving and housekeeping services to be imprecise and inconsistent, thus failing to prove she incurred the expenses.

The claims for medical expenses were also dismissed as the applicant failed to prove how much OHIP would contribute.

The insurer's request for repayment of its assessment fee was denied because the application was not found to be frivolous or vexatious from the outset.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits, including income replacement benefits, medical benefits for physiotherapy and chiropractic treatment, and expenses for treatment plans and family physician fees.

The insurer terminated income replacement benefits based on an orthopaedic assessment and disputed the other claims.

The arbitrator dismissed the applicant's claims, finding insufficient evidence to support her inability to work or the necessity of the disputed medical expenses.

The arbitrator also dismissed the insurer's claim for repayment of its assessment fee, concluding the arbitration was not frivolous or vexatious from the outset.