Sarah Kim

Following an arbitration where the insurer successfully defended against the applicant's claims for statutory accident benefits, the insurer requested an expense hearing.

The insurer sought $20,630.09 in costs.

The arbitrator found the insurer's claimed hours unsubstantiated for a non-complex case and noted the applicant's case had some merit, as evidenced by the insurer's settlement offers.

Applying a global approach based on Legal Aid rates, the arbitrator ordered the applicant to pay the insurer $8,595.96 in expenses.

The applicant sought statutory accident benefits, including income replacement and housekeeping benefits, following a motor vehicle accident.

At the outset of the hearing before the Licence Appeal Tribunal, the parties entered into settlement negotiations and resolved all outstanding issues.

The Tribunal closed its file.

The applicant sought statutory accident benefits following a 2014 motor vehicle accident, claiming entitlement to non-earner benefits, medical benefits for orthotics and physical therapy, and the cost of examinations for a chronic pain assessment and a Functional Abilities Evaluation.

The arbitrator dismissed all claims.

Relying on surveillance evidence and the insurer's expert reports, the arbitrator found the applicant did not suffer a complete inability to carry on a normal life.

The arbitrator also found the applicant's expert testimony inconsistent and unreliable, concluding that the proposed treatment plans and assessments were not proven to be reasonable and necessary.