Lyndra Griffith

Following a successful arbitration where the insurer prevailed on all issues, the insurer sought expenses of over $17,000.

The arbitrator found the claimed preparation time and written argument time to be excessive given the lack of complexity and the short duration of the hearing.

Applying a lower ratio of preparation to hearing time and a reduced hourly rate, the arbitrator ordered the applicant to pay $3,700 in expenses, inclusive of disbursements and HST.

The insurer's request for the costs of the expense submissions was denied.

The applicant was injured in a rear-end motor vehicle accident and sought statutory accident benefits for physiotherapy and various assessments.

The insurer denied the claims on the basis that the applicant's injuries fell within the Minor Injury Guideline (MIG) and the policy limits had been exhausted.

The applicant argued that a pre-existing shoulder injury and psychological issues removed her from the MIG.

The arbitrator found insufficient evidence of a documented pre-existing condition that would prevent maximal recovery within the MIG limits, and concluded the psychological issues were mild and did not warrant removal from the MIG.

The claims for treatment, assessments, a special award, and interest were all dismissed.

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

After her counsel was removed from the record, she failed to attend a scheduled pre-hearing teleconference.

The insurer brought a motion to dismiss the application for arbitration under Rule 68 of the Dispute Resolution Practice Code.

The arbitrator found that the applicant had abandoned her claim and dismissed the application, ordering her to pay $500 in expenses to the insurer.

The applicant sought statutory accident benefits following a motor vehicle accident.

After failing to attend a pre-hearing discussion and two subsequent arbitration hearings, and despite her representative's unsuccessful efforts to locate her, the arbitrator proceeded in her absence.

The application for arbitration was dismissed as the applicant failed to present evidence to support her claims.

The insurer was awarded $300 in expenses.