Tim Crljenica

The applicant filed an application for statutory accident benefits following a motor vehicle accident.

The applicant failed to attend two scheduled case conferences and did not submit a required case conference summary.

The Tribunal found that the applicant had been properly served with notices of the case conferences.

Pursuant to Rule 3 of the Licence Appeal Tribunal Rules of Practice and Procedure, the Tribunal deemed the application abandoned and dismissed it without a hearing.

The appellant insurer appealed an order requiring it to pay interest on retroactive attendant care and housekeeping benefits to the respondent, who was catastrophically injured in a motor vehicle accident.

The insurer argued the benefits were not overdue until a catastrophic impairment determination was made in 2013.

The Court of Appeal dismissed the appeal, upholding the application judge's finding that the respondent had been catastrophically impaired since the accident and that the benefits were therefore overdue from the dates they were initially terminated or capped, entitling her to interest.

The applicant applied for statutory accident benefits following a motor vehicle accident.

After a breakdown in the solicitor-client relationship, the applicant's counsel was removed from the record.

The applicant failed to attend the scheduled arbitration hearing despite being advised of the consequences.

As the applicant bore the onus of proving entitlement and failed to produce any evidence, the application for arbitration was dismissed.

The insurer was awarded $500 in expenses.

The applicant sought interest on attendant care and housekeeping arrears after the insurer ultimately accepted that she had sustained a catastrophic impairment.

The court held that, on the narrow facts, the delayed catastrophic impairment determination rendered additional benefits overdue and interest was payable notwithstanding the insurer's good faith payments and prior denial.

Relying on the compensatory purpose of the SABS interest regime, the court awarded interest at two percent on attendant care benefits from August 1, 2005 and on housekeeping benefits from January 20, 2006.

Costs were left for further submissions if not resolved.

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

After failing to resolve disputes through mediation, the applicant applied for arbitration.

The applicant failed to attend scheduled pre-hearings and the arbitration hearing.

The applicant's paralegal representative sought to be removed from the record due to a breakdown in the relationship and lack of instructions.

The arbitrator granted the motion to remove the representative from the record, dismissed the arbitration due to the applicant's failure to participate and present evidence, and ordered the applicant to pay the insurer's expenses of $1,336.37.