Robert Barrett

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

The parties entered into Minutes of Settlement to resolve the arbitration proceeding.

Subsequently, the applicant attempted to reopen discussions regarding a special award, arguing it was not explicitly included in the settlement.

The insurer maintained that the Minutes resolved the entire arbitration.

The arbitrator found that the Minutes were clear and unambiguous, and that the parties intended to settle all issues pending in the arbitration proceeding, including the claim for a special award.

The arbitrator ordered that all issues in the arbitration proceeding had been settled.

The applicant was injured in motor vehicle accidents in 1994 and 1996.

Following a failed mediation and a purported settlement, the parties disputed which statutory accident benefit claims could proceed to arbitration.

The arbitrator held that a pragmatic and flexible approach should be applied to the mediation requirement.

The applicant was permitted to proceed to arbitration on the quantum of income replacement benefits and supplementary medical/rehabilitation benefits, as they flowed consequentially from the mediated issues or were captured by the broad descriptions in the mediation applications.

However, claims for attendant care and housekeeping were barred from arbitration because they were not expressly mediated, did not flow from mediated issues, and would cause prejudice to the insurer.

The applicant was injured in motor vehicle accidents in 1994 and 1996 and applied for statutory accident benefits.

The insurer terminated weekly income replacement benefits.

On the eve of an arbitration hearing, a preliminary issue was raised regarding which statutory accident benefit claims were captured in the applications for mediation and could proceed to arbitration.

The arbitrator determined that the applicant could proceed to arbitration on nine specific issues, including income replacement benefits, loss of earning capacity benefits, supplementary medical expenses, rehabilitation benefits, special awards, and expenses.