Marni E. Miller

The insurer brought a motion for the production of the applicant's Canadian Police Information Centre (CPIC) record.

The applicant claimed that psychological impairments from a motor vehicle accident caused him to commit acts of domestic violence, resulting in criminal charges.

The arbitrator found that the applicant had made his criminal conduct an issue in the arbitration, making the CPIC record relevant and reasonably necessary.

The motion was granted, and the applicant was ordered to produce his CPIC record from one year prior to the accident to the present.

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

After his counsel was removed from the record, the self-represented applicant failed to properly sign settlement documents despite multiple extensions.

The applicant subsequently failed to attend the scheduled arbitration hearing.

The arbitrator dismissed the application for arbitration due to insufficient evidence to meet the burden of proof and ordered the applicant to pay the insurer's costs of $1,334.63.

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

At the hearing, the applicant's legal representative successfully moved to withdraw due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the hearing.

As no evidence was presented to support the claims, the application was dismissed as abandoned.

The insurer was awarded $2,500 in expenses due to the unnecessary costs incurred by the applicant's repeated failure to participate.

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

After disputes arose, the applicant applied for arbitration but subsequently lost contact with her legal representative and failed to attend the pre-hearing and the hearing.

The arbitrator granted the representative's request to be removed from the record.

As the applicant failed to participate and presented no evidence, the arbitration was dismissed.

The insurer was awarded its expenses of $898.56.

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

After parting ways with her counsel, the applicant failed to attend a pre-hearing and the scheduled arbitration hearing.

The arbitrator dismissed the application, finding that the applicant's failure to participate constituted an abuse of process and that she failed to meet her burden of proof.

The applicant was ordered to pay the insurer's expenses of $1,089.51.

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

The parties were unable to resolve their disputes, and the applicant applied for arbitration at the Financial Services Commission of Ontario.

The applicant failed to attend the scheduled arbitration hearing.

As the applicant did not present any evidence, she failed to prove her entitlement to the claimed benefits, and her claims were dismissed.

The arbitrator awarded the insurer its expenses of the proceeding, fixed at $3,500, noting the applicant's apparent abandonment of the arbitration and the insurer's complete success.

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

At the scheduled arbitration hearing, the parties jointly requested that the proceeding be dismissed on a without costs basis.

The arbitrator granted the request and dismissed the application without expenses.

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

The matter proceeded to an arbitration hearing, but the applicant failed to attend or communicate with his legal representative.

At the hearing, the applicant's representative brought a motion to withdraw due to a complete breakdown in the solicitor-client relationship, which the arbitrator granted.

The insurer subsequently moved to dismiss the arbitration proceeding.

The arbitrator dismissed the proceeding, finding that the applicant had abandoned the matter.

The insurer was awarded $2,293.48 in expenses for legal fees and disbursements, though its request for a refund of the arbitration filing fee was denied for lack of jurisdiction.

The applicants sought statutory accident benefits following a motor vehicle accident but failed to attend their scheduled arbitration hearings despite receiving proper notice.

The arbitrator proceeded in their absence pursuant to the Statutory Powers and Procedures Act and the Dispute Resolution Practice Code.

The applications for arbitration were dismissed because the applicants failed to present evidence to prove their claims.

The insurer was awarded expenses fixed at $3,000 total, divided equally among the three applicants.

The appellant, a lawyer, appealed an arbitrator's orders holding him jointly and severally liable with his client for legal expenses thrown away due to the client's repeated failure to attend pre-hearing discussions.

The arbitrator found the appellant breached an undertaking to ensure the client's attendance and exhibited a cavalier attitude constituting an abuse of process.

The Director's Delegate dismissed the appeal, finding no error in the arbitrator's application of section 282(11.2) of the Insurance Act to award costs personally against the representative for unreasonable default of professional responsibilities.