Marla Emdin

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

After commencing arbitration, the applicant failed to attend multiple pre-hearings and could not be located by his counsel, who was subsequently permitted to withdraw.

The arbitrator issued a notice of intention to dismiss the application as frivolous and vexatious under Rule 68 of the Dispute Resolution Practice Code.

Receiving no response, the arbitrator dismissed the application, finding it had been abandoned.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After the applicant failed to attend a pre-hearing conference and his representative was removed from the record, the applicant again failed to attend the resumed pre-hearing conference or respond to notices.

The arbitrator found that the applicant had effectively abandoned his arbitration and dismissed the proceeding as frivolous under Rule 68.1 of the Dispute Resolution Practice Code.

The applicant was ordered to pay $500 in arbitration expenses to the insurer.

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

At a pre-hearing discussion, two production issues arose.

The applicant sought production of the insurer's adjusters' notes and records up to the date of the application for mediation, which the arbitrator granted, noting that the applicant was claiming a special award.

The insurer sought production of the applicant's bank records for two months before and after the accident to verify her income, as she claimed to have worked for her brother-in-law for only one month prior to the accident and was paid by direct deposit.

The arbitrator ordered the production of the bank records, finding them relevant given the lack of arms-length employment and independently verifiable evidence.

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

The insurer terminated benefits and the applicant applied for arbitration.

The insurer raised preliminary issues arguing the applicant was precluded from proceeding to arbitration under s. 50(a) of the Statutory Accident Benefits Schedule for failing to notify the insurer within prescribed time limits, and under s. 50(c) for failing to attend a Designated Assessment Centre (DAC) assessment.

The arbitrator found the insurer did not meet its burden to prove the applicant failed to apply within the time limits, as the insurer's own correspondence acknowledged receipt of the application.

However, the arbitrator found the applicant failed to attend a scheduled DAC assessment without explanation.

Consequently, the applicant was precluded from pursuing his claim for medical and rehabilitation benefits at arbitration, but could proceed on other issues.