Matthew Owen

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

The insurer denied several treatment plans, arguing the applicant's injuries fell within the Minor Injury Guideline (MIG).

The Tribunal found the applicant suffered from chronic pain, removing her from the MIG.

The Tribunal also held the insurer liable to pay for physiotherapy, massage therapy, and a psychological assessment because its denial notices failed to comply with section 38 of the Schedule.

Claims for a physiatry assessment, a disability certificate fee, and a special award were dismissed.

The applicant sought statutory accident benefits, including a non-earner benefit and medical benefits for physiotherapy, following a minor rear-end motor vehicle accident.

The adjudicator found that the applicant failed to establish a complete inability to carry on a normal life, relying on the applicant's own statements to independent medical examiners regarding his post-accident activities.

The adjudicator also found no medical evidence of an ongoing physical impairment necessitating the claimed physiotherapy.

The application was dismissed in its entirety.

The applicant requested a reconsideration of a case conference order requiring him to produce bank records and denying his request for the respondent's adjuster's log notes.

The respondent argued the request was late and failed to specify criteria, but the Tribunal found it had discretion to hear the request.

The Tribunal dismissed the reconsideration, finding no significant legal or evidentiary mistake in the original order regarding the bank records, and agreeing that the applicant failed to establish a nexus between the log notes and the substantive issues.

The applicant sought an income replacement benefit (IRB) following a 2011 motor vehicle accident.

The insurer denied the claim in March 2012.

The applicant did not dispute the denial until December 2017, after exhausting collateral benefits.

The Tribunal held that the two-year limitation period began running with the clear and unequivocal 2012 denial.

The Tribunal declined to extend the limitation period under s. 7 of the Licence Appeal Tribunal Act or apply estoppel, finding no bona fide intention to appeal within the time limit and no prejudice caused by the insurer's subsequent conduct.

The application was dismissed as time-barred, and the applicant's request for costs was denied.

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

The respondent denied the benefits, and the applicant applied to the Licence Appeal Tribunal more than two years after the denials.

The respondent raised a preliminary issue that the application was statute-barred.

The Tribunal applied the four-factor test under section 7 of the Licence Appeal Tribunal Act to determine whether to extend the limitation period.

Finding that the applicant lacked a bona fide intention to appeal within the limitation period and that the delay was not adequately justified, the Tribunal declined to extend the limitation period and dismissed the application.

The applicant's application for arbitration regarding statutory accident benefits was previously dismissed.

The insurer subsequently sought its expenses of the proceeding in the amount of $1,586.09.

The applicant did not participate in the expense hearing.

The arbitrator found that the insurer was totally successful in the proceeding and that the claimed amount was reasonable and consistent with the Dispute Resolution Practice Code and the Expense Regulation.

The insurer was awarded its full claimed expenses of $1,586.09.

The applicants' applications for arbitration regarding statutory accident benefits were dismissed after they failed to appear at the hearing.

The insurer subsequently sought its expenses for the proceeding.

The arbitrator found that the insurer was entirely successful and that the proceedings were unnecessarily prolonged by the applicants' failure to participate.

The arbitrator awarded the insurer its full claimed expenses of $2,809.37 respecting one applicant and $2,067.05 respecting the other.

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

After failing to attend a pre-hearing discussion, the applicant was provided notice of the arbitration hearing but failed to participate.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration, as no evidence was presented to prove entitlement to the claimed benefits.

Additionally, the arbitrator granted a motion by the applicant's legal representative to be removed from the record due to a breakdown in the solicitor-client relationship.

The parties were invited to provide written submissions regarding expenses.

The applicants sought statutory accident benefits following a motor vehicle accident but failed to attend their scheduled arbitration hearing.

The arbitrator proceeded in their absence and dismissed the applications, as the applicants failed to meet their burden of proof.

The arbitrator also granted a motion by the applicants' legal counsel to be removed from the record due to a breakdown in the solicitor-client relationship.