Marinus L. Lamers

The defendants appealed an interlocutory order dismissing their motion to dismiss the plaintiff's action for delay.

The action, arising from alleged dog attacks in 1996 and 1997, had been delayed for 11 years since the events.

The Divisional Court found that the plaintiff failed to provide an explanation for the delay and failed to rebut the presumption of prejudice.

The appeal was allowed and the plaintiff's action was dismissed for delay.

The applicant sought other disability benefits and medical and rehabilitation benefits following a motor vehicle accident.

The insurer denied the claims on the basis that the applicant did not suffer a partial or complete inability to carry on a normal life.

The arbitrator found that the applicant's medical difficulties pre-dated the accident and that he failed to present reliable evidence connecting his complaints to the collision.

The claims for benefits were dismissed.

Finding the arbitration to be frivolous, vexatious, and an abuse of process, the arbitrator ordered the applicant to pay $1,000 to the insurer under section 282(11.2) of the Insurance Act.