Paul Kiddey

The applicant, a minor at the time of the motor vehicle accident, applied for non-earner benefits.

The insurer denied the claim and later argued the applicant was statute-barred from proceeding to arbitration because the limitation period had expired, asserting that the applicant's mother acted as a litigation guardian.

The arbitrator found that a parent acting as a representative or substitute decision-maker is not a litigation guardian under the Limitations Act, 2002, and therefore the limitation period did not begin to run until the applicant reached the age of majority.

The arbitrator also found that although the applicant did not file a Disability Certificate that met the criterion for non-earner benefits, she had provided sufficient information to establish a potential claim, allowing the application to proceed to arbitration.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After failing to attend a pre-hearing discussion and the subsequent arbitration hearing, the applicant's counsel withdrew from the record, citing an inability to contact the applicant who had reportedly left the country.

As the applicant bore the burden of proof and presented no evidence, the insurer's request to dismiss the application was granted.

The applicant was ordered to pay $500 in expenses to the insurer.

The moving party sought costs after bringing a motion to dismiss the action against it in a motor vehicle negligence claim.

The plaintiff had initially included the moving party as a defendant due to a potential vicarious liability theory but indicated willingness to discontinue once insurers confirmed that dismissal would not prejudice coverage claims.

The court found the plaintiff acted reasonably and did not prolong the proceedings.

However, the court concluded that one insurer’s delay in consenting contributed to additional procedural steps.

Costs were awarded to the moving party on a partial indemnity basis and apportioned primarily against that insurer.

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

The insurer terminated weekly income replacement benefits.

An interim benefit order was previously made, but payments were suspended pending satisfaction of an overpayment.

The applicant requested the date the overpayment was satisfied and resumption of interim benefits.

The insurer's counsel did not respond to inquiries or make submissions opposing the request.

The arbitrator ordered the insurer to provide the date the overpayment was satisfied and to resume payment of interim income replacement benefits.

The applicant was injured in a motor vehicle accident and received income replacement benefits until they were terminated by the insurer.

The applicant brought a motion for interim income replacement benefits pending the final arbitration hearing.

The arbitrator found that the applicant established a prima facie case for post-104 week income replacement benefits based on medical evidence of chronic pain and fibromyalgia.

The applicant also demonstrated financial need.

The motion was granted, and the insurer was ordered to pay interim benefits of $400 per week.

The applicant was injured in a motor vehicle accident and received income replacement benefits until the insurer terminated them at the two-year mark.

The applicant brought a motion for interim benefits pending arbitration.

The arbitrator found that the applicant had demonstrated a strong case for ongoing entitlement and severe financial hardship.

The arbitrator also excluded video surveillance evidence proffered by the insurer due to late and incomplete disclosure under Rule 40 of the Dispute Resolution Practice Code.

The motion for interim benefits was granted.

The applicant was injured in a motor vehicle accident and received income replacement benefits from the insurer.

The insurer later sought to deduct long-term disability benefits that it claimed were available to the applicant through her employer.

The applicant had no knowledge of the collateral benefits, and her employer had incorrectly indicated on an OCF-2 form that she was not eligible for them.

The arbitrator held that the long-term disability benefits were not 'available' to the applicant under section 7(1)1(ii) of the Statutory Accident Benefits Schedule because she had no knowledge of their existence and reasonably relied on her employer's incorrect reporting.

Therefore, the insurer was not entitled to deduct the benefits.

The applicant was injured in a motor vehicle accident and received income replacement benefits until they were terminated by the insurer.

The applicant brought a motion for interim income replacement benefits pending a full arbitration hearing.

The arbitrator found that the applicant presented a prima facie case for entitlement based on substantial medical evidence of ongoing disability, including chronic pain and psychological impairments, which outweighed the insurer's medical assessments.

The arbitrator also found the applicant demonstrated a compelling financial need.

The motion was granted, and the insurer was ordered to pay interim income replacement benefits of $311.40 per week from the date of termination until a final arbitration order is made.

Issues of special award, expenses, and interest were deferred to the hearing arbitrator.

The insurer brought a motion for the production of the applicant's complete, unedited clinical notes and records from her family doctor.

The applicant had produced redacted records, arguing that the deleted portions contained private and confidential information irrelevant to her motor vehicle accident claim.

The applicant requested that the pre-hearing arbitrator review the unedited records to determine relevance.

The arbitrator declined to review the records, finding that the hearing arbitrator would be in a better position to assess their probative value.

Applying the principle that a plaintiff's pre- and post-accident medical condition is relevant when damages for personal injuries are sought, the arbitrator ordered the applicant to produce the complete, unedited records from 1995 to date.

The issue of expenses was deferred to the hearing arbitrator.