OFSCDRS 2015

The applicant, who suffered from paranoid schizophrenia and became an elective mute after a motor vehicle accident, applied for arbitration concerning accident benefits.

After his counsel withdrew, the applicant failed to attend a resumed pre-hearing and the scheduled arbitration hearing.

The insurer brought a motion to dismiss the claims.

The arbitrator dismissed the application for arbitration due to the applicant's failure to attend and present evidence, with no order as to expenses.

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

After the applicant withdrew his application, the insurer sought its expenses for the arbitration proceeding.

The arbitrator awarded the insurer its expenses fixed at $1,292.72, finding the quantum reasonable and proportionate to the degree of success and complexity of the matter.

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

The Insurer terminated Income Replacement Benefits, Housekeeping and Home Maintenance Benefits, and denied several treatment plans and assessments.

The Applicant applied for arbitration, and the Insurer raised a preliminary issue that the claims were statute-barred due to the expiry of the two-year limitation period.

The Arbitrator found that the Insurer provided valid termination notices for the Income Replacement Benefits, Housekeeping Benefits, and Dr. Houston's treatment plan, making those claims statute-barred.

However, the Arbitrator found that the Insurer failed to provide sufficient reasons for denying the Social Work and Psychological Assessments, rendering those denials invalid and allowing the Applicant to pursue them at arbitration.

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

After the insurer terminated benefits, the applicant applied for arbitration.

However, the applicant failed to attend the pre-hearing, failed to comply with production orders, and failed to attend the arbitration hearing.

The applicant's former counsel had removed himself from the record, and mail to the applicant was returned as undeliverable.

The arbitrator found that the applicant had abandoned his claim, dismissed the application in its entirety, and ordered the applicant to pay $2,260.00 in expenses to the insurer.

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

After the insurer terminated benefits, the applicant applied for arbitration.

The applicant failed to attend the pre-hearing, failed to comply with production orders, and failed to attend the arbitration hearing.

The arbitrator found that the applicant had abandoned his claim and dismissed the application in its entirety.

The applicant was ordered to pay $2,260 in costs to the insurer.

The applicant was injured when he fell from a transport truck while training as an unpaid driver.

He sought interim income replacement benefits from his auto insurer, Pafco, after his WSIB claim was denied.

Pafco brought a cross-motion to dismiss the arbitration, arguing the applicant was entitled to WSIB benefits.

The arbitrator dismissed the motion for interim benefits, finding the applicant failed to establish a prima facie case for the duration claimed and did not demonstrate an urgent financial need, as he was currently employed.

The cross-motion to dismiss the arbitration was also denied, as the issue of WSIB entitlement remained unresolved and was best left for a full hearing.

No special award or costs were granted.