Marlett M. Dobson

The applicant sought income replacement benefits and the cost of medical examinations following a motor vehicle accident.

The applicant failed to attend the arbitration hearing.

The arbitrator proceeded in his absence and found that the applicant had returned to full-time employment and earned in excess of the claimed benefit amount.

The arbitrator accepted the insurer's independent medical examination and rejected the applicant's medical reports due to factual errors and omissions.

The application was dismissed, and the applicant was ordered to pay the insurer's legal expenses.

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

The insurer requested an in-home occupational therapy assessment under section 42 of the Statutory Accident Benefits Schedule, which the applicant failed to attend on the advice of her agent.

The insurer sought a stay of the arbitration.

The arbitrator found that the applicant failed to make herself reasonably available for a reasonably necessary examination.

The arbitration was stayed until the applicant attends the examination, and the insurer was awarded $500 in expenses.

The applicant was injured in a motor vehicle accident and applied for arbitration after the insurer denied payment for an orthopaedic mattress.

The applicant and his counsel failed to attend two pre-hearings, and the applicant failed to attend the scheduled arbitration hearing.

The arbitrator dismissed the application as abandoned.

Finding the commencement of the arbitration to be vexatious and an abuse of process, the arbitrator ordered the applicant to pay the insurer $3,000 as an assessment under section 282(11.2) of the Insurance Act, plus $790.77 for the insurer's expenses thrown away.