5 total
Income replacement benefits denied due to applicant's failure to provide required financial documentation and attend insurer's examination.
The applicant sought income replacement benefits (IRBs) following a motor vehicle accident.
The Tribunal found that while the applicant established a substantial inability to perform the essential tasks of her employment for the pre-104 week period, the respondent was not liable to pay the IRBs because the applicant failed to provide reasonably required financial documentation to calculate the quantum.
The applicant's claim for post-104 week IRBs was barred due to her failure to attend a reasonably necessary vocational assessment without a reasonable explanation.
Claims for an award and interest were dismissed.
Reconsideration denied; applicant barred from proceeding after failing to attend properly scheduled insurer's examinations.
The applicant requested a reconsideration of a decision barring him from proceeding with his application for accident benefits due to his failure to attend an insurer's examination (IE).
The applicant argued the adjudicator erred in law by failing to properly consider whether the insurer made reasonable efforts to schedule the IE at a convenient time, and violated natural justice by attributing delay to him rather than the Tribunal.
The adjudicator dismissed the request, finding no error of law or fact, as the insurer had rescheduled the IEs and the applicant never communicated any scheduling conflicts.
The adjudicator also found no violation of natural justice, noting the delay caused incurable prejudice to the insurer.
Accident benefits claims dismissed and costs awarded after applicant failed to attend arbitration hearing.
The applicant sought statutory accident benefits following a motor vehicle accident.
The applicant failed to attend the arbitration hearing.
The arbitrator proceeded in her absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.
As the applicant presented no evidence, she failed to meet her burden of proof, and her claims were dismissed.
The applicant was ordered to pay the insurer's expenses fixed at $3,000.
Application for accident benefits dismissed due to applicant's failure to attend the arbitration hearing.
After his counsel was removed from the record, the applicant failed to attend the scheduled arbitration hearing or provide any submissions.
The arbitrator dismissed the application for arbitration, finding that the applicant failed to meet his onus of proof and that dismissal was warranted to prevent an abuse of process.
The insurer's request for expenses was denied because counsel failed to provide the requested breakdown of hours spent defending the application.
Application for accident benefits dismissed due to applicant's failure to participate; insurer awarded $1,500 in expenses.
After her legal counsel was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to participate in multiple scheduled pre-hearing discussions.
The insurer brought a motion to dismiss the application.
The arbitrator dismissed the application without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding it was frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.
The insurer was awarded $1,500 in expenses.
