Lorraine Takacs

The applicant claimed statutory accident benefits following an alleged motor vehicle accident.

The insurer denied the claims, relying on engineering reports suggesting the accident did not occur as reported and may have been staged.

The applicant failed to attend the arbitration hearing.

The arbitrator found that the applicant failed to prove she was involved in an accident or sustained an impairment, dismissing all claims for benefits.

The applicant was ordered to pay the insurer's arbitration expenses due to her failure to attend and pursue her claim, which rendered the proceeding improper, vexatious, and unnecessary.

The applicant sought to proceed to arbitration on claims for rehabilitation, housekeeping, and supplementary medical benefits.

The insurer argued these claims were statute-barred because a separate application for arbitration was not filed within the two-year limitation period following the refusal of benefits.

The arbitrator found that the applicant had complied with the spirit of the legislation, as the issues were mediated shortly after the application was filed and the insurer had clear notice of the claims.

The arbitrator ordered that all issues, including income replacement benefits, be heard together at the main arbitration hearing.