Robert Kostyniuk

The applicant sought payment for the costs of an accounting report obtained to calculate her income replacement benefit following a motor vehicle accident.

The Licence Appeal Tribunal dismissed the application, finding that the accounting report was not reasonable and necessary because the calculation of the applicant's income was straightforward and did not require professional expertise.

The Tribunal also dismissed the applicant's request for a costs award, as there was no evidence of unreasonable, frivolous, vexatious, or bad faith conduct by the respondent.

The respondent insurer brought a motion to dismiss the applicant's claims for an income replacement benefit and three medical treatment plans, arguing they were statute-barred.

The applicant was injured in a motor vehicle accident in 2012 and applied to the Tribunal in 2017.

The Tribunal found that the respondent had issued clear and valid denials for the benefits in 2012, 2013, and 2014.

As the application for dispute resolution was filed well beyond the two-year limitation period, the claims were dismissed.

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

The respondent denied the benefits, arguing the applicant's injuries were predominantly minor and subject to the $3,500 cap under the Statutory Accident Benefits Schedule.

The applicant argued that a pre-existing degenerative spine condition, diagnosed three years post-accident, entitled him to treatment beyond the cap.

The Tribunal preferred the evidence of an orthopaedic surgeon who concluded the applicant's continuing back problems were related to his pre-existing degenerative condition, not the accident.

The Tribunal found the applicant sustained predominantly minor injuries and dismissed the application for further benefits.

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

The insurer denied the income replacement benefits, arguing she was unemployed at the time of the accident.

The arbitrator found that the applicant's casual part-time work as a bartender constituted employment at the time of the accident, entitling her to income replacement benefits for a closed period of 10 weeks.

Claims for further housekeeping expenses and a special award were dismissed.

Following a settlement of all outstanding issues except expenses in a motor vehicle accident benefits arbitration, the applicant sought her costs of the proceeding.

The arbitrator assessed the legal fees and disbursements claimed by the applicant's two successive counsel.

Applying the criteria under the Insurance Act and the Dispute Resolution Practice Code, the arbitrator reduced the claimed hours and hourly rates, ultimately awarding $18,533.20 in legal fees and $9,968.09 in disbursements, plus applicable GST.