Matthew Cino

The applicant was injured in a motor vehicle accident in 1997.

In 2017, she submitted a treatment plan (OCF-18) for a catastrophic impairment assessment, which the respondent denied.

The Tribunal found that the applicant was not time-barred from submitting the OCF-18, as a catastrophic impairment determination is not a medical or rehabilitation benefit subject to the 10-year limitation period.

However, the Tribunal determined that the 2010 Schedule governed the claim and that the requested assessment was not reasonable or necessary, given the lack of evidence showing a deterioration in the applicant's condition since her previous assessments in 2007.

The claims for an award and costs were also dismissed.

The applicant sought expenses following an arbitration decision regarding statutory accident benefits.

The insurer argued for a reduced amount or that each party bear their own expenses due to divided success.

The arbitrator found the applicant was more successful overall and entitled to expenses.

Applying the principle of fairness and legal aid rates, the arbitrator fixed the applicant's expenses at $54,250.27 inclusive of fees, disbursements, and HST.

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

After disputes arose, she applied for arbitration but subsequently failed to communicate with her counsel or attend the hearing.

At the hearing, the applicant's counsel successfully moved to be removed from the record due to a breakdown in the solicitor-client relationship.

The insurer then moved to dismiss the application with costs.

The arbitrator granted the dismissal, finding the applicant had abandoned her claim, and ordered her to pay $1,000 in costs to the insurer.