Majid Yazdani

The applicant sought statutory accident benefits for chiropractic treatment plans and in-home assessments following a 2012 motor vehicle accident.

The insurer denied the claims based on its medical assessments indicating the injuries were minor and required no further treatment.

The arbitrator dismissed the application in its entirety, finding the applicant completely lacking in credibility due to numerous inconsistencies, evasions, and denials regarding his significant pre-accident medical history.

The arbitrator concluded that the applicant's lack of credibility fundamentally undermined the reliability of his treating practitioners' recommendations, and the applicant failed to establish that the claimed benefits were reasonable and necessary.

Following the dismissal of the applicants' claims for statutory accident benefits, the insurer sought $9,309.94 for its expenses of the arbitration.

The arbitrator found the insurer was entitled to expenses because the applicants failed to withdraw their claims, necessitating an unnecessary hearing of uncontested evidence.

However, the arbitrator reduced the quantum claimed, finding the preparation time excessive given the simplicity of the issues and denying travel time for retaining out-of-town counsel without justification.

The insurer was awarded $4,720.75 in expenses.

The applicants claimed they were injured in a motor vehicle accident and applied for statutory accident benefits.

The insurer denied the claims, alleging the accident did not occur.

The applicants failed to attend the arbitration hearing.

Relying on the insurer's expert evidence in accident reconstruction, which demonstrated that the physical damage to the vehicles was inconsistent with the applicants' description of the collision, the arbitrator concluded that the accident did not occur.

The claims for statutory accident benefits were dismissed.

The applicant sought various statutory accident benefits following an alleged motor vehicle collision.

The insurer denied the claims, arguing the accident was staged and the applicant wilfully misrepresented material facts.

The arbitrator accepted the insurer's accident reconstruction evidence, which demonstrated the collision could not have occurred as described due to mismatched damage heights, lack of debris, and impossible resting positions.

The arbitrator found the applicant's testimony utterly implausible and concluded he wilfully misrepresented material facts, justifying the termination of all benefits under section 48 of the Schedule.

Furthermore, the applicant's legal representative failed to adduce any evidence to support the substantive benefit claims.

All claims were dismissed, and the insurer was awarded its expenses, with the arbitrator noting the potential for the applicant's representative to be held personally liable for those expenses.

The Applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including housekeeping.

The Insurer scheduled an insurer's examination (IE) for the housekeeping claim, which the Applicant failed to attend.

The Insurer argued the Applicant was precluded from proceeding to arbitration on all issues under section 50 of the Schedule.

The Arbitrator held that the exclusion under section 50 would only apply to the housekeeping claim, not all claims.

Furthermore, the Arbitrator found the Insurer's notice of the IE was fatally flawed because it failed to clearly set out the consequences of non-attendance and the Insurer failed to make reasonable efforts to schedule the examination at a convenient time.

Therefore, the Applicant was not precluded from proceeding to arbitration on any issues.