Other Tribunals - OFSCDRS

The appellant insured's appeal regarding catastrophic impairment and income replacement benefits was previously dismissed.

The successful respondent insurer sought its appeal costs in the amount of $18,742.02.

The Director's Delegate reviewed the criteria under Rule 75.2 of the Dispute Resolution Practice Code, noting that the overriding consideration in fixing arbitration expenses is reasonableness.

Finding the claimed lawyer hours excessive for a non-complex appeal and the transcript costs unrecoverable, the Director's Delegate fixed the insurer's appeal expenses at $4,000.00 inclusive of disbursements and HST.

The applicant's representatives brought a motion to withdraw as solicitors of record in a statutory accident benefits dispute.

The representatives demonstrated that they had made numerous unsuccessful attempts to contact the applicant and had been unable to obtain instructions for the upcoming preliminary issue hearing.

The arbitrator found that there had been a complete breakdown in the solicitor-client relationship and granted the motion to withdraw.

The applicant applied for statutory accident benefits following an alleged motor vehicle accident.

The matter proceeded to a preliminary issue hearing to determine whether the incident constituted an 'accident' under the Statutory Accident Benefits Schedule.

The applicant's legal representatives withdrew from the record on the day of the hearing, and the applicant failed to appear.

The arbitrator dismissed the application due to the applicant's failure to attend and prove his case.

The applicant was ordered to pay $1,500 in expenses to the insurer.

Following an arbitration where the insurer was entirely successful in dismissing the applicant's claims for statutory accident benefits, the insurer sought its expenses.

The arbitrator considered the criteria under Ontario Regulation 664, noting the insurer's complete success and the applicant's rejection of a $2,500 settlement offer.

The arbitrator awarded the insurer its expenses, reducing the claimed preparation time to a 2:1 ratio relative to the 25 hours of hearing time, and disallowing the cost of a court reporter.

The applicant was ordered to pay the insurer $10,082.68 in expenses.

The appellant's appeal was dismissed after being deemed abandoned, as she filed only a Notice of Appeal and requests for time extensions.

The respondent sought $4,992.40 in legal expenses for the appeal proceeding.

The Director's Delegate found the respondent's claimed expenses to be exaggerated and not commensurate with the effort required to obtain a dismissal, noting the appellant's arguments were largely generic.

The Director's Delegate ordered the appellant to pay $750.00 in legal expenses to the respondent.

The Appellants sought their legal appeal expenses following a successful appeal regarding their housekeeping and home maintenance claims.

The Director's Delegate awarded the Appellants their appeal expenses, allowing paralegal fees at $70 per hour rather than the claimed $150 per hour.

The claim for transcript costs was denied, as transcript costs are not recoverable under the Expense Regulation.

The total amount awarded was $4,200, inclusive of disbursements and HST.

The insurer, having successfully defended an appeal regarding statutory accident benefits, sought over $41,000 in appeal expenses.

The Director's Delegate found the claimed legal fees and disbursements to be excessive and unreasonable, noting that the appeal was not complex and did not require five different legal professionals.

Applying the criteria under Rule 75.2 of the Dispute Resolution Practice Code, the Director's Delegate fixed the insurer's appeal expenses at $5,000 inclusive of disbursements and HST.

The appellant appealed two arbitration orders denying her claims for non-earner benefits, medical benefits, and a special award, and ordering her to pay HST on the insurer's disbursements.

The Director's Delegate dismissed the appeal, finding no errors of law.

The Arbitrator correctly applied the test for non-earner benefits, properly concluded medical benefits were not incurred, and correctly applied the legislative requirement that treatment plans be signed.

The Delegate also refused to admit a new invoice as fresh evidence because it could have been adduced at the arbitration hearing.

Finally, the Delegate upheld the order requiring the appellant to pay HST on expert witness disbursements.

Following an arbitration and a subsequent application for variation/revocation regarding statutory accident benefits, the arbitrator determined the issue of expenses.

The insurer was almost entirely successful in the arbitration and entirely successful in the variation/revocation application.

The arbitrator awarded the insurer its expenses, fixing the amount at $27,425.82 inclusive of fees, HST, and disbursements, after assessing the reasonableness of the claimed preparation time and expert witness fees.

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

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

The applicant's representative was removed from the record due to a breakdown in the relationship and an inability to receive instructions.

The applicant subsequently failed to participate in the proceedings or respond to communications from the arbitrator.

The insurer brought a motion to dismiss the application.

The arbitrator dismissed the application as frivolous or vexatious under Rule 68 of the Dispute Resolution Practice Code due to the applicant's non-participation, and ordered the applicant to pay $1,500 in expenses to the insurer.

The Applicant sought statutory accident benefits following a motor vehicle accident but subsequently failed to comply with a production order, lost contact with his counsel (who was removed from the record), and failed to attend multiple pre-hearings and the preliminary issue hearing.

The Insurer brought a motion to dismiss the arbitration.

The Arbitrator found that the Applicant's conduct demonstrated an intention to abandon the proceeding and ordered that the application be deemed constructively withdrawn pursuant to Rule 70(3) of the Dispute Resolution Practice Code.

The Applicant was ordered to pay $600 in expenses.

The applicant applied for arbitration at the Financial Services Commission of Ontario after disputes arose concerning his entitlement to statutory accident benefits following a motor vehicle accident.

The applicant failed to attend the pre-hearing conference and the arbitration hearing, and ceased communication with his representative, the insurer, and the Commission.

The arbitrator concluded that the applicant had abandoned his claims.

The application was dismissed, and the applicant was ordered to pay $500 for the insurer's expenses.

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

After mediation failed, she applied for arbitration.

Her legal representative brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, having been unable to contact the applicant.

The arbitrator granted the representative's motion.

As the applicant failed to attend the pre-hearing or the subsequent teleconference despite notice, the arbitrator dismissed the application for arbitration without a hearing, finding the proceeding to be frivolous, vexatious, or commenced in bad faith.

The applicants sought accident benefits following a motor vehicle accident.

After their representative was removed from the record due to a breakdown in the solicitor-client relationship, the applicants failed to attend scheduled pre-hearing discussions and the motion hearing.

The insurer brought a motion to dismiss the applications for arbitration.

The arbitrator granted the motion, dismissing the applications without costs due to the applicants' failure to participate.

The applicant's representative brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, as the applicant failed to communicate or attend scheduled pre-hearings.

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

The arbitrator granted the representative's motion to be removed and dismissed the application for arbitration with costs of $950 payable by the applicant, noting the applicant's failure to attend or communicate despite ample notice.

The applicant failed to attend multiple pre-hearings and lost contact with his representative.

The representative brought a motion to be removed from the record, and the insurer brought a motion to dismiss the arbitration and for costs.

The arbitrator granted the representative's request to be removed, dismissed the arbitration due to the applicant's failure to proceed, and awarded $678.00 in costs to the insurer.

The Applicant sought her expenses and a Special Award following a successful arbitration for statutory accident benefits against the Insurer.

The Arbitrator found that the Insurer unreasonably withheld and delayed payments for Non-Earner and Medical Benefits despite compelling medical evidence from the Applicant's experts.

The Insurer's conduct, including an inadequate all-inclusive settlement offer, warranted a Special Award.

The Arbitrator ordered the Insurer to pay the Applicant's expenses fixed at $28,415.06 plus HST, and a Special Award of $13,000.00 inclusive of interest.

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

After the applicant repeatedly failed to attend pre-hearing discussions and failed to communicate with her counsel, her representative brought a motion to be removed from the record due to a material breakdown in the solicitor-client relationship.

The insurer concurrently moved to dismiss the application for arbitration.

The arbitrator granted both motions, removing the representative from the record and dismissing the application for arbitration as frivolous, vexatious, or commenced in bad faith under Rule 68 of the Dispute Resolution Practice Code.

The applicant was ordered to pay $1,000 in costs to the insurer.

The applicant sought accident benefits following a motor vehicle accident.

Her legal counsel brought a motion to be removed from the record due to a complete breakdown in the solicitor-client relationship and an inability to contact the applicant for several months.

The applicant failed to participate in a scheduled pre-hearing discussion and the subsequent motion hearing.

The arbitrator granted counsel's request to be removed from the record and dismissed the application for arbitration without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding the application frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer did not seek expenses.

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

After her representative was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to respond to communications or participate in the proceedings.

The insurer brought a motion to dismiss the application.

The arbitrator granted the motion under Rule 70.3 of the Dispute Resolution Practice Code, finding that the applicant's failure to pursue her claims diligently constituted a withdrawal.

The application was dismissed, and the insurer was awarded $1,521.30 in expenses.