Robert Hewett Littlejohn

The complainant in a human rights proceeding brought a motion for the production of documents relating to his termination, including the corporate respondent's financial statements and Parts Department sales figures.

The respondents brought a cross-motion for productions, which was consented to.

The adjudicator ordered the production of the Parts Department sales figures for the three years prior to and the year of the complainant's termination to assist in establishing his work performance, but declined to order the production of the broader financial statements.

The complainant brought a motion for the production of documents relating to his termination, including the corporate respondent's financial statements and Parts Department sales figures.

The respondents brought a cross-motion for productions, which was consented to.

The adjudicator ordered the respondents to produce the year-end Parts Department sales figures for the three years prior to the complainant's termination and the year of termination, as they were relevant to establishing the complainant's work performance.

The request for financial statements was denied as unnecessary given the production of the sales figures.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits, including income replacement benefits (IRBs) and housekeeping expenses.

The insurer denied the claims.

At arbitration, the central issue was whether the applicant was an employee or self-employed, which dictated the information required to calculate his IRB.

The arbitrator found the applicant was self-employed and had failed to provide the necessary financial information to calculate the benefit, disentitling him to IRBs under section 33 of the SABS-1996.

However, the arbitrator awarded housekeeping expenses based on medical evidence of his impairments and ordered the insurer to pay the applicant's arbitration expenses.

Surveillance evidence obtained deceptively by the insurer was excluded.

The applicant sought interest on an award of expenses previously made against the insurer following an arbitration for statutory accident benefits.

The insurer disputed the arbitrator's jurisdiction to award interest on expenses.

The arbitrator held that the Insurance Act and the Statutory Accident Benefits Schedule do not grant an arbitrator the authority to award interest on expenses, as interest is a substantive right requiring express statutory authorization.

However, the arbitrator noted that the applicant could enforce the expenses order in the Superior Court of Justice to obtain post-judgment interest under the Courts of Justice Act.

Despite being unsuccessful on the motion, the applicant was awarded $350 in expenses because the insurer had delayed payment of the original expenses award and the issue raised was novel.

The applicant sought expenses following an arbitration hearing regarding statutory accident benefits.

The arbitrator found that the applicant was largely successful in his claims, raised legitimate concerns about the reliability of the REC DAC assessment, and presented his case efficiently.

Applying the criteria under section 12(2) of O.Reg. 464/96, the arbitrator awarded the applicant his reasonable expenses and denied the insurer's request for expenses.

The applicant sought an assessment of his expenses and a special award following an arbitration where he succeeded on claims for housekeeping expenses and interim benefits.

The insurer disputed the legal fees account as excessive.

The arbitrator found the applicant's counsel's preparation time reasonable given the complexity of the issues and the insurer's late request for an adjournment, which resulted in costs thrown away.

The arbitrator awarded $18,180 in legal fees plus GST.

The arbitrator denied the claim for a special award under section 282(10) of the Insurance Act, finding that the provision applies to the late payment of statutory accident benefits, not to a bill of expenses.

The applicant was injured in a motorcycle accident and received income replacement benefits.

The insurer terminated these benefits, and the parties disputed the applicant's residual earning capacity.

Following a residual earning capacity assessment, the arbitrator determined the applicant was capable of working full-time as an electronics assembler, setting his residual earning capacity at $268.49 per week.

The arbitrator also held that the insurer was required to pay income replacement benefits until 14 days after the issuance of a valid assessment report, as the initial report was invalid and did not establish a failure to co-operate.

The applicant's request for a special award due to delayed payment of interim benefits was dismissed.

The insurer applied for variation or revocation of an interim arbitration order requiring it to pay interim income replacement benefits to the insured pending a Designated Assessment Centre report.

The Director's Delegate rejected the application, finding that the arbitrator's decision was based on the procedural obligations set out in the Statutory Accident Benefits Schedule and that the insurer should pay the amounts ordered and pursue any remedies before the hearing arbitrator.

The applicant was injured in a motorcycle accident and applied for arbitration regarding his income replacement benefits and loss of earning capacity.

The insurer moved to stay the arbitration pending a report from a designated assessment centre (DAC) regarding residual earning capacity.

The applicant opposed the stay and moved for interim benefits, interim expenses, and housekeeping expenses.

The arbitrator declined to stay the arbitration but adjourned the loss of earning capacity issues pending a proper DAC report.

The arbitrator severed the housekeeping claim and awarded the applicant $500 in outstanding housekeeping expenses and $50 per week ongoing.

The arbitrator also ordered the insurer to pay interim income replacement benefits at $292.07 per week and interim disbursements of $1,738.