22 total
Arbitration application dismissed and costs awarded due to applicant's failure to attend pre-hearings and produce documents.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After disputes arose, the applicant applied for arbitration.
The applicant failed to attend multiple pre-hearings and failed to produce ordered documents.
The insurer brought a motion to dismiss the arbitration proceeding under Rule 68 of the Dispute Resolution Practice Code.
The arbitrator granted the motion, dismissing the application for arbitration as vexatious due to the applicant's failure to participate, and awarded the insurer $500 in costs thrown away.
Accident benefits claims dismissed due to applicant's lack of credibility and failure to disclose pre-accident medical history.
The applicant sought statutory accident benefits, including caregiver, attendant care, housekeeping, and medical benefits, following a motor vehicle accident.
The insurer terminated these benefits after approximately one year based on insurer examinations finding no objective evidence of impairment.
The arbitrator dismissed all of the applicant's claims, finding the applicant lacked credibility due to his failure to disclose a significant pre-accident history of chronic pain to his assessors and his family doctor.
The arbitrator gave little weight to the applicant's medical expert, whose opinion relied entirely on the applicant's subjective and unreliable history.