Thomas Wolf Zwiebel

Counsel for the applicant brought a motion to withdraw as counsel of record for an assessment of expenses proceeding following an arbitration decision.

Counsel submitted that there had been a breakdown in the solicitor-client relationship and that he had lost contact with the applicant.

The insurer did not object to the motion.

The arbitrator found that the solicitor-client relationship had broken down and granted the motion, permitting counsel to withdraw without terms.

The appellant insurer appealed an arbitration decision finding that the respondent was injured in an 'accident' as defined in the Statutory Accident Benefits Schedule.

The Director of Arbitrations allowed the appeal, finding that the Arbitrator erred in law by shifting the burden of proof to the insurer to prove that an accident did not occur.

The Director held that the insured bears the burden of proving they fit within the scope of coverage.

The arbitration order was rescinded and the matter was referred back for a new hearing before a different arbitrator.

The applicant claimed statutory accident benefits after slipping and falling while attempting to transfer between two TTC buses.

The insurer denied the claim, arguing the incident did not constitute an 'accident' under section 2 of the Statutory Accident Benefits Schedule because the injuries were not directly caused by the use or operation of an automobile.

In a preliminary issue hearing, the arbitrator found the applicant to be a credible witness and accepted her evidence that she fell while actively attempting to board the second bus.

Applying the factors of time, proximity, activity, and risk, the arbitrator concluded that the injury occurred as part of a direct transfer between buses, which forms part of the normal use of a bus system.

The arbitrator held that the applicant suffered an impairment arising from an accident and could proceed to a hearing on the substantive issues.

The applicant sought an income replacement benefit following a motor vehicle accident, claiming he was employed at an auto body shop and paid in cash.

The arbitrator dismissed the claim, finding the applicant lacked credibility and failed to provide objective, verifiable evidence of his employment or his alleged substantial disability.

The arbitrator noted significant discrepancies regarding when the applicant began working, how he was paid, and his earnings.

The applicant's claim for a special award was also dismissed.

Given the frivolous nature of the proceeding and the applicant's lack of credibility, the arbitrator ordered the applicant to pay the insurer's reasonable arbitration expenses.

Following a decision on statutory accident benefits where the applicant achieved minimal success, the parties sought their respective expenses of the arbitration proceeding.

The arbitrator rejected the insurer's proposal to apportion costs 75/25 in its favour, noting that the applicant was justified in proceeding to arbitration given the insurer's low settlement offer.

However, due to the applicant's minimal success, he was awarded only 20% of his arbitration expenses.

The insurer's claim for expenses was dismissed.

The applicant's counsel's hourly rate was set at $73.38 based on the legal aid tariff.

The insurer applied to vary or revoke a previous arbitration decision ordering it to pay for the insured's physiotherapy treatment and interest.

The insurer argued the insured was barred from receiving benefits under s. 43(3) of the Statutory Accident Benefits Schedule because he failed to attend a Designated Assessment Centre (DAC) examination.

The arbitrator found that while the insured did fail to make himself reasonably available, this failure occurred after the physiotherapy treatment had already concluded.

Therefore, the exclusion did not apply retroactively to the completed treatment.

The arbitrator also held that the insured was entitled to interest on the overdue benefits, as the Schedule does not provide for the forfeiture of interest due to non-compliance.

The insurer's application was dismissed and interest was ordered.

The applicant was injured in a motor vehicle accident and suffered soft tissue injuries and chronic headaches.

The insurer terminated her weekly income replacement benefits and denied various medical and rehabilitation expenses.

The applicant applied for arbitration.

The arbitrator found that the applicant suffered a substantial inability to perform the essential tasks of her employment due to accident-related headaches and awarded income replacement benefits up to the 104-week mark.

The arbitrator also awarded partial medical and rehabilitation benefits for chiropractic treatment, medication, a psychological assessment, and a brief exercise program, finding them reasonable and necessary.

Claims for transportation, other assessments, and housekeeping were dismissed due to lack of evidence or lack of medical necessity.

A claim for a special award was denied as the insurer's actions were not unreasonable.

The applicant was injured in a motor vehicle accident and sought income replacement, rehabilitation, housekeeping, and transportation benefits from his insurer.

The insurer terminated income replacement benefits after medical assessments found no objective physical impairment and noted signs of exaggerated pain.

The arbitrator dismissed the claims for income replacement, housekeeping, and transportation expenses, finding insufficient medical evidence to support a substantial inability to perform essential tasks.

However, the arbitrator ordered the insurer to pay $2,030 for a portion of the claimed rehabilitation expenses, finding that specific physiotherapy program was reasonable and necessary.