Other Tribunals - OFSCDRS

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

After failing to resolve disputes through mediation, the applicant applied for arbitration.

Following a series of pre-hearings where the applicant's legal representatives were removed from the record, the applicant failed to participate in a scheduled pre-hearing.

The insurer brought a verbal motion to dismiss the application.

The arbitrator granted the motion, finding the applicant's actions over the past 12 months provided proper grounds for dismissal under Rule 68.1 of the Dispute Resolution Practice Code.

The application was dismissed and the applicant was ordered to pay $1,250 in costs to the insurer.

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

After a dispute arose, she applied for arbitration at FSCO.

She later sought to add the issue of non-earner benefits to the arbitration.

The insurer brought a preliminary issue motion arguing that FSCO lacked jurisdiction to add issues after April 1, 2016, when amendments to the Insurance Act transferred jurisdiction for new applications to the Licence Appeal Tribunal.

The arbitrator dismissed the insurer's motion, finding that FSCO retains jurisdiction to add issues to existing arbitrations, consistent with its longstanding practice, the Dispute Resolution Practice Code, and the Statutory Powers Procedure Act.

Adding the issue avoids a multiplicity of proceedings and prevents potential prejudice to the applicant regarding limitation periods.

The Insurer sought its expenses of $75,343.92 following an arbitration where success was divided but predominantly in favour of the Insurer.

The Applicant also sought his expenses.

The Arbitrator considered the criteria under Rule 75.2 of the Dispute Resolution Practice Code, noting the Insurer's written offer to settle for $100,000, which exceeded the Applicant's recovery.

The Arbitrator also noted the Applicant's conduct in failing to comply with production orders, which prolonged the proceedings.

The Arbitrator reduced the Insurer's claimed legal fees and disbursements to reflect the Applicant's partial success and the applicable hourly rates, awarding the Insurer $40,357.10 in expenses.

The Applicant's request for expenses was dismissed.

The applicant sought accident benefits following a motor vehicle accident but failed to appear at the arbitration hearing or communicate with her former counsel.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration because the applicant failed to meet her onus of proving entitlement to the claimed benefits.

The insurer was awarded $875.00 in expenses due to the applicant's failure to pursue her claim and attend the hearing.

Following a preliminary issue hearing where it was determined that no motor vehicle accident had occurred, the insurer sought repayment of accident benefits paid to the applicants and its expenses for the arbitration.

The applicants did not participate in the written expense hearing.

The arbitrator ordered the applicants to repay the benefits they received, finding the claims were made under a misrepresentation.

The arbitrator also ordered the applicants to pay the insurer's reasonable expenses for the arbitration, reducing the claimed amount of $24,973.36 to $9,242.96 after finding the claimed legal fees and disbursements were excessive.

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

A priority dispute between insurers was resolved, with Western Assurance assuming carriage of the claim.

State Farm brought a motion on consent to add Western Assurance as a party and remove itself from the arbitration.

The arbitrator granted the motion, finding jurisdiction under the Statutory Powers Procedure Act and the Dispute Resolution Practice Code to add and remove parties, and concluding that the proposed order was the most just, quickest, and least expensive manner of proceeding.

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

The insurer refused certain benefits, leading to arbitration.

A preliminary issue hearing was held to determine if the applicant had the mental capacity to proceed in the dispute resolution process, following a previous finding that he lacked capacity.

Based on a new capacity assessment report by an occupational therapist, which concluded the applicant could manage his affairs, and the arbitrator's own observations, the arbitrator found that the applicant now has the mental capacity to proceed.

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

After failing to appear at a pre-hearing discussion, the applicant and his legal representative were sent an attendance notice for an in-person hearing.

When the applicant again failed to appear or contact the arbitrator, the arbitration proceeded in his absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.

As the applicant bore the onus of proving entitlement and presented no evidence, the application was dismissed.

The applicant was ordered to pay the insurer's expenses of $750.00.

The applicant sought accident benefits following a motor vehicle accident.

After his representative was removed from the record, the applicant failed to attend multiple pre-hearings and the preliminary issue hearing, despite receiving proper notice.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration due to the applicant's failure to provide evidence in support of his claims.

The insurer was awarded $3,102.00 in legal expenses and disbursements.

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

After his legal representative was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to participate in scheduled pre-hearings or communicate with the insurer or the tribunal.

The insurer brought a motion to dismiss the application.

The arbitrator found that the applicant had abandoned the proceeding and dismissed the application for arbitration under Rule 68.1 of the Dispute Resolution Practice Code.

The insurer appealed an arbitrator's interim order requiring it to produce an engineering report, claiming the report was protected by litigation privilege.

The insurer also sought to remove the arbitrator for a reasonable apprehension of bias.

The Director's Delegate allowed the appeal in part, finding that the arbitrator erred in ordering production of the report because it was commissioned after the insured applied for mediation, establishing a prima facie right to litigation privilege.

However, the Delegate dismissed the request to remove the arbitrator, finding no reasonable apprehension of bias.

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

Following a pre-hearing where the applicant failed to appear and her counsel was removed from the record, the arbitrator ordered the applicant to contact the tribunal by a specified date.

The applicant failed to respond or provide written submissions.

The arbitrator dismissed the application for arbitration due to the applicant's failure to meet her onus of proof and non-compliance with the tribunal's orders.

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

After the applicant failed to attend multiple pre-hearing discussions, the insurer brought a motion to dismiss the proceeding under Rule 68 of the Dispute Resolution Practice Code.

The applicant's counsel argued that the applicant's non-attendance was due to a traumatic brain injury, addiction issues, and incarceration.

The arbitrator found that the applicant had been given sufficient notice and failed to respect the tribunal's jurisdiction.

The proceeding was dismissed, but no expenses were awarded to the insurer due to the applicant's health and social challenges.

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

Prior to the hearing, the applicant's legal representatives withdrew due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the scheduled arbitration hearing despite being properly served with the Notice of Hearing.

The arbitrator proceeded in the applicant's absence and dismissed the application, as the applicant failed to present evidence to prove entitlement to the claimed benefits.

The insurer was awarded $500 in expenses.

The applicant sought accident benefits following a motor vehicle accident but failed to attend a pre-hearing discussion and the scheduled arbitration hearing.

The applicant's counsel requested to be removed from the record due to a breakdown in the solicitor-client relationship, which was granted.

As the applicant failed to appear and presented no evidence to support his claims, the application for arbitration was dismissed.

The applicant was ordered to pay the insurer's expenses.

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

At the arbitration hearing, the applicant failed to attend.

Her legal representative requested to be removed from the record due to a breakdown in the solicitor-client relationship, which the arbitrator granted.

As the applicant did not participate and presented no evidence to support her claims, the application for arbitration was dismissed.

The insurer was awarded $250 in expenses.

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

After his counsel was removed from the record, the applicant failed to attend the scheduled arbitration hearing or provide any submissions.

The arbitrator dismissed the application for arbitration, finding that the applicant failed to meet his onus of proof and that dismissal was warranted to prevent an abuse of process.

The insurer's request for expenses was denied because counsel failed to provide the requested breakdown of hours spent defending the application.

The applicant was involved in a motor vehicle accident and applied for arbitration regarding accident benefits.

The applicant passed away shortly after mediation.

Despite numerous adjournments over two years to allow the applicant's family to appoint an estate trustee, no steps were taken.

The insurer requested the application be dismissed.

The arbitrator dismissed the application under Rule 68.1 of the Dispute Resolution Practice Code, finding that the failure to advance the claim rendered it vexatious and caused an onerous effect on the insurer.

The applicant was injured while repairing a vehicle and applied for statutory accident benefits from Unifund, his personal auto insurer.

Unifund denied the claim, relying on the 'garage worker' exclusion, and did not initiate a priority dispute against Intact, the applicant's commercial liability insurer.

The arbitrator held that FSCO does not have jurisdiction to determine coverage exclusions in this context, as such issues must be resolved through a private priority dispute arbitration under O. Reg. 283/95.

Unifund, as the first insurer to receive the application, was ordered to respond to and adjust the claim.

The application against Intact was not dismissed to prevent further prejudice to the applicant.

The applicant was injured in a motor vehicle accident and sought accident benefits from the Motor Vehicle Accident Claims Fund.

The parties reached a settlement on all substantive issues prior to arbitration, but the insurer failed to pay the agreed settlement amount of $476,037.97, arguing it could not be separated from the unresolved issue of costs.

The arbitrator found the insurer's conduct caused unnecessary and unfair delay, ordering the settlement amount and disbursements to be paid forthwith.

The arbitrator also assessed the applicant's legal fees, awarding $46,100.40 plus HST based on a reasonable allocation of hours for the complex file.