Rita Urbonavicius

The Appellant appealed an arbitration decision dismissing its claim for death and funeral benefits and awarding costs against its representative.

On a preliminary motion, the Director's Delegate granted the Appellant leave to expand its Notice of Appeal but denied requests to introduce fresh evidence, including several affidavits.

The Delegate also denied requests to remove counsel for both parties so they could testify as witnesses, and determined the contents of the appeal record.

The Respondent was ordered to confirm or produce a will referenced in earlier proceedings.

The Insurer brought a motion to preclude the Applicant from proceeding to arbitration on her claims for caregiver benefits and a therapeutic mattress, arguing she failed to provide notice within the time limits prescribed by section 32(1) of the Statutory Accident Benefits Schedule.

The Arbitrator dismissed the motion, finding that the Insurer had initially paid caregiver benefits and only later denied them on substantive grounds, without raising the technical notice defence until the dispute resolution process years later.

The Arbitrator held that the Insurer's unconscionable delay in raising the technical objection, along with its own failure to provide an election form on a timely basis, barred it from relying on the limitation period.

The solicitor for the deceased insured commenced an arbitration for accident benefits (death and funeral benefits) in the name of the deceased's estate.

The insurer brought a motion to dismiss the arbitration on the basis that the estate had no legal standing to claim such benefits, which are payable only to dependants personally.

The arbitrator dismissed the arbitration as a nullity and a frivolous and vexatious proceeding.

Finding that the solicitor commenced the proceeding on behalf of a non-existent principal and advanced a claim with no possibility of success, the arbitrator ordered the solicitor to personally pay the insurer's legal expenses pursuant to section 282(11.2) of the Insurance Act.

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

The insurer terminated weekly caregiver benefits, and the applicant applied for arbitration.

Neither the applicant nor her agent attended the arbitration hearing.

The insurer brought a motion to dismiss the arbitration and sought its expenses and assessment fee.

The arbitrator dismissed the arbitration, finding the applicant failed to discharge her burden of proof.

The arbitrator awarded the insurer $3,000 in arbitration expenses and its $3,000 assessment fee, concluding that the applicant's conduct and failure to provide basic documentation constituted an abuse of process.

The applicant sought attendant care benefits following a motor vehicle accident.

After his representative withdrew, the applicant failed to attend the rescheduled pre-hearing and the arbitration hearing.

The arbitrator dismissed the claim for attendant care benefits due to the applicant's non-attendance.

The insurer was awarded $1,000 in expenses because the applicant was aware of the proceedings and the claim was deemed manifestly unfounded in the absence of supporting evidence.