Talaal Faris Bond

The applicant failed to attend a scheduled pre-hearing conference for her statutory accident benefits dispute.

Her counsel advised she would not participate and he had no authority to settle.

The insurer objected and sought an award of expenses for the non-attendance.

The arbitrator held that parties are obliged to actively participate in pre-hearings unless excused.

The arbitrator awarded $85 in expenses to the insurer for the unnecessary attendance of its representative, but suspended payment until the conclusion of the arbitration.

The Applicant was injured in a motor vehicle accident and initially elected to receive income replacement benefits, but later switched to caregiver benefits.

After her maternity benefits expired and she was unable to resume her pre-accident employment, she sought to re-elect income replacement benefits.

The insurer denied the request, arguing the initial election was irrevocable.

The Arbitrator held that the Statutory Accident Benefits Schedule allows for re-election of weekly benefits in some circumstances.

Finding that the Applicant had legitimate reasons for the delayed re-election and that the insurer suffered no prejudice, the Arbitrator ordered that the Applicant be allowed to re-elect income replacement benefits.

The applicant claimed statutory accident benefits following a motor vehicle accident.

At the arbitration hearing, the insurer brought a preliminary motion to exclude the applicant's representative, a statutory accident benefits (SABS) representative, alleging an undisclosed conflict of interest.

The arbitrator found that the representative had a business relationship with a diagnostic facility to which he referred the applicant, creating an apprehension that he could receive a financial benefit.

The arbitrator also noted the representative's inappropriate conduct at the hearing and failure to promptly notify the insurer of his retainer.

The representative was excluded from the proceedings and ordered to personally pay $500 in expenses for causing unreasonable delay.

The minor applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

The parties negotiated a settlement but could not implement it because there was no suitable person to represent the minor.

At a pre-hearing, the parties consented to an order requiring the applicant's counsel to apply to the Court to appoint the Office of the Children's Lawyer to represent the applicant.

The applicant was injured in a motor vehicle accident and sought payment from her insurer for a catastrophic impairment assessment report and a psycho-vocational assessment.

The insurer denied payment, arguing the reports were not reasonable or necessary.

The arbitrator found that both assessments were reasonable and necessary under section 24 of the Statutory Accident Benefits Schedule.

The catastrophic impairment report was required to complete the application for determination of catastrophic impairment, and the psycho-vocational report was necessary to facilitate the applicant's reintegration into the labour market.

The insurer was ordered to pay the costs of both reports.

The applicant was injured in a motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.

The insurer subsequently sought to compel the applicant to attend a neurological assessment under section 42 of the Statutory Accident Benefits Schedule, shortly before the scheduled arbitration hearing.

The applicant refused to attend, arguing the assessment was not authorized.

The arbitrator found that the insurer's notice was technically defective because it failed to link the assessment to a specific benefit claimed and did not warn of the consequences of non-attendance.

Furthermore, the timing of the request was highly prejudicial to the applicant, as the insurer had notice of the potential brain injury months earlier but delayed its request until the eve of the arbitration.

The arbitrator ruled the assessment was not authorized.