5 total
Applicant precluded from proceeding with non-earner benefits claim until she attends requested insurer's examinations.
The applicant sought non-earner benefits following a motor vehicle accident.
The respondent insurer requested that the applicant attend an in-home occupational therapy assessment and a general practitioner assessment under section 44 of the Statutory Accident Benefits Schedule.
The applicant refused to attend, arguing the assessments should be paper reviews only.
The respondent brought a preliminary issue motion to dismiss the application.
The Tribunal found that the respondent provided proper notice and that the examinations were reasonably necessary.
Consequently, under section 55(1) of the Schedule, the applicant is precluded from proceeding with her application for non-earner benefits until she attends the requested examinations.
Application for arbitration permitted to be withdrawn without costs at the pre-hearing stage.
The applicant sought to withdraw her Application for Arbitration regarding statutory accident benefits after failing to attend an Insurer's Examination.
The insurer opposed the withdrawal, arguing the applicant should be statutorily barred from proceeding to arbitration or the Licence Appeal Tribunal.
The arbitrator permitted the withdrawal of the application on a without costs basis pursuant to Rule 70 of the Dispute Resolution Practice Code, finding no cogent evidence to deny the request made at the pre-hearing stage.
As the application was withdrawn, the issue of whether the applicant was precluded from proceeding to arbitration was moot.
No expenses were awarded.
Insurer awarded $10,847.70 in expenses after successfully defending against applicant's claims for accident benefits.
Following an arbitration where the applicant's claims for statutory accident benefits were denied, the insurer sought its expenses.
The arbitrator found that the insurer was entirely successful and entitled to its expenses.
Applying a 2:1 ratio for preparation to hearing time for a three-day hearing, the arbitrator fixed the insurer's expenses at $10,847.70, inclusive of fees, disbursements, and taxes, and ordered the applicant to pay this amount.
Accident benefits denied as applicant's injuries fell within the Minor Injury Guideline.
The applicant was injured in a motor vehicle accident and sought medical benefits and the cost of an MRI examination from her insurer.
The insurer denied the benefits on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG).
At the arbitration hearing, the arbitrator excluded the applicant's arbitration brief due to late service but allowed her to testify.
The arbitrator found that the applicant failed to provide compelling evidence of a pre-existing condition that would exempt her from the MIG.
Relying on the insurer's medical reports, the arbitrator concluded the injuries were minor.
The claims for medical benefits and the MRI cost were dismissed.
Request to summarily dismiss counterclaims against opposing counsel under Rule 2.1 denied.
The defendants by counterclaim, who were the plaintiffs' lawyers in the main actions, submitted written requests under Rule 2.1.01(6) to have the counterclaims against them dismissed as frivolous, vexatious, or an abuse of process.
The plaintiff by counterclaim, a lawyer himself, raised various complaints against opposing counsel arising from a complicated real estate transaction.
The court declined to dismiss the counterclaims summarily under Rule 2.1, finding that while the claims might ultimately be defeated by absolute privilege, they were not clearly frivolous on their face and there was no apparent risk of a vexatious response to an ordinary motion to strike.
