Other Tribunals - OFSCDRS

The applicant's legal counsel brought a motion to be removed from the record due to an inability to contact the applicant.

The insurer brought a motion to dismiss the application for arbitration and sought costs.

The arbitrator granted the motion to remove counsel from the record, finding that due diligence was exercised.

The arbitrator also dismissed the application for arbitration as frivolous, vexatious, or commenced in bad faith because the applicant failed to participate in any of the proceedings.

The insurer was awarded $500 in expenses for unnecessarily prolonging the arbitration process.

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

The insurer brought a preliminary motion to determine whether the applicant had the mental capacity to proceed in the dispute resolution process, given his history of mental health issues and erratic behaviour, including repeatedly hiring and firing legal counsel.

The arbitrator reviewed extensive medical records and the applicant's conduct during the proceedings.

The arbitrator concluded that the applicant lacked the mental capacity to proceed unrepresented and ordered him to advise within 30 days if a suitable person or guardian could act on his behalf, failing which the Public Guardian and Trustee would be requested to conduct an assessment.

The applicant's legal counsel brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, as they were unable to reach the applicant for instructions.

The insurer requested that the application for arbitration be dismissed with costs due to the applicant's failure to attend a pre-hearing discussion.

The arbitrator granted counsel's motion to be removed and dismissed the application for arbitration without a hearing, finding it frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer was awarded $500 in expenses.

The Applicant sought to add issues to the arbitration agenda and requested production of the Insurer's log notes.

The Insurer consented to adding some issues on the condition that a preliminary issue regarding a section 30(1)(b) exclusion be heard separately, and also sought production of documents and a stay of the hearing.

The Arbitrator ordered that all issues, including the preliminary issue, be added to the agenda and heard together to avoid delay.

The Arbitrator granted both production requests, requiring the Insurer to provide an Affidavit of Documents due to unusual delays, and adjourned the hearing on terms to allow the Insurer to obtain its requested records.

Following an arbitration hearing where the self-represented applicant's claims for caregiver and non-earner benefits were dismissed, the insurer sought its expenses.

The arbitrator found that the insurer was completely successful and therefore entitled to its expenses.

Applying a broad strokes approach and considering the Legal Aid rate, the arbitrator awarded the insurer $5,656.80 in fees and $2,219.85 in disbursements, for a total of $7,906.65.

The appellant was injured in an accident and applied for statutory accident benefits to Unifund, and later to Intact.

Both insurers denied payment.

The arbitrator refused to combine the two arbitrations and set a preliminary issue regarding a coverage exclusion under the Unifund policy.

On appeal, the Director's Delegate found the arbitrator erred in law.

The arbitrations were combined on consent, and the preliminary issue was redefined to apply the 'nexus test' to determine if Unifund, as the first insurer to receive the application, was obliged to commence payment of benefits pending any priority dispute.

Unifund was ordered to pay the appeal costs of both the appellant and Intact.

The appellant sought his legal expenses following a successful appeal regarding interim legal expenses for catastrophic impairment reports.

The respondent agreed the appellant was entitled to expenses but disputed the amount claimed.

The Director's Delegate found that the novelty and importance of the issues justified an increased hourly rate of $150 for the appellant's counsel.

Taking into account the overriding consideration of reasonableness and proportionality, the Delegate fixed the appellant's legal expenses of the appeal at $7,900.42, inclusive of fees, disbursements, and HST.

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

After failing to attend a pre-hearing discussion and failing to respond to multiple communications, the insurer brought a motion to dismiss the application.

The applicant and his representative failed to participate in the motion.

The arbitrator dismissed the application for arbitration without a hearing, finding it frivolous, vexatious, and/or commenced in bad faith.

The insurer was awarded $1,000 in expenses.

The insurer sought expenses following the dismissal of the applicant's application for arbitration for statutory accident benefits.

The applicant did not respond to the request for expenses.

The arbitrator awarded the insurer $3,199.17 in expenses, finding that the insurer was completely successful and the applicant's conduct prolonged the proceeding.

The arbitrator disallowed $238.00 claimed for official examiners' fees as they were not allowable under the Expense Regulation.

The claimant applied for statutory accident benefits following a motor vehicle accident and subsequently initiated arbitration after the insurer terminated certain benefits.

The claimant's legal counsel withdrew due to an inability to communicate with her, and the claimant failed to participate in multiple pre-hearing discussions or respond to communications from the arbitrator.

The insurer brought a motion to dismiss the arbitration pursuant to Rule 68 of the Dispute Resolution Practice Code.

The arbitrator found that the claimant's failure to participate rendered the proceeding frivolous and vexatious, dismissed the application, and ordered the claimant to pay the insurer's expenses of $1,414.08.

The applicant's licensed paralegal brought a motion to remove herself and her firm as the legal representatives of record, citing a breakdown in the solicitor-client relationship due to the applicant's failure to provide necessary documents.

The insurer did not oppose the motion.

The arbitrator granted the motion, removing the paralegal and her firm as representatives of record.

The applicant was injured in an ATV accident in British Columbia and sought statutory accident benefits under his Ontario automobile insurance policy.

The insurer denied the claim on the basis that an ATV is not an 'automobile' under the SABS.

The arbitrator applied the lex loci delicti principle, finding that British Columbia law governed the incident.

Under British Columbia law, the ATV was not required to be insured under a motor vehicle liability policy.

Consequently, the ATV did not meet the definition of an automobile under the ordinary parlance test, and the incident was not an 'accident' under the SABS.

The application was dismissed.

The Applicant sought to withdraw his application for arbitration of accident benefits at the outset of a scheduled three-day hearing.

The Insurer opposed the withdrawal unless costs were ordered.

The Arbitrator granted the withdrawal but ordered the Applicant to pay $2,500 in expenses and $1,800 in disbursements, noting that the late withdrawal warranted a partial indemnity costs order under the Dispute Resolution Practice Code.

Following an arbitration where the applicant's claims for statutory accident benefits were dismissed, the insurer sought its expenses of approximately $35,000.

The arbitrator declined to order the applicant's counsel to personally pay the expenses, finding no evidence of frivolous claims or unreasonable delay attributable to counsel.

The arbitrator found the insurer was entitled to its expenses from the applicant as the successful party.

However, the arbitrator reduced the claimed fees and disbursements, noting the case was not particularly complex and disallowing costs for transcripts and excessive expert preparation time.

The applicant was ordered to pay $15,000 in expenses to the insurer.

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

After a settlement was reached, the applicant failed to sign the settlement documents and became unreachable.

The insurer requested a resumption of the pre-hearing discussion to dismiss the application.

The applicant's counsel moved to be removed from the record due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the hearing.

The arbitrator granted the counsel's motion to withdraw, dismissed the application for arbitration due to the applicant's failure to discharge his onus, and ordered the applicant to pay the insurer's expenses of $2,573.13.

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

A dispute arose and the applicant applied for arbitration.

The applicant failed to participate in the pre-hearing and did not appear at the arbitration hearing.

The applicant's representative brought a motion to be removed from the record, which was granted.

The arbitrator dismissed the application for arbitration due to the applicant's failure to participate and tender evidence.

The insurer was awarded $250 in expenses.

The insurer sought its expenses following the successful defence of an appeal regarding the appellant's entitlement to non-earner benefits.

The appellant did not respond to the insurer's bill of expenses.

The Director's Delegate found that the insurer was entirely successful on the appeal and was therefore entitled to its expenses under the Expense Regulation.

The claimed amount of $1,977.17 was found to be reasonable and was awarded in full.

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

After his legal representatives withdrew due to a breakdown in the relationship, the applicant failed to attend the pre-hearing discussion and the arbitration hearing.

The arbitrator proceeded in his absence and dismissed the claims, finding the applicant failed to meet his burden of proof.

The insurer was awarded $500 in expenses due to the applicant's failure to participate, which prolonged and obstructed the proceedings.

The applicant's legal representatives brought a motion to withdraw from the proceeding due to a breakdown in the relationship.

The applicant failed to attend two scheduled pre-hearings despite being notified that her attendance was mandatory and that failure to attend would result in a motion to dismiss her application.

The arbitrator granted the motion to withdraw, dismissed the application for arbitration due to the applicant's failure to participate, and awarded the insurer $500 in expenses.

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.