The claimant's solicitor was unable to obtain instructions from his client prior to or during a scheduled FSCO pre-hearing. As such, the parties agreed to adjourn the pre-hearing to a time when the claimant "is able to attend". The claimant failed to attend on the second occassion. The arbitrator awared the insurer costs for the two missed pre-hearings. The costs order was made payable jointly and severally with the solicitor, since it was considered a breach of the solicitor's undertaking to have the claimant attend on the second occasion.
ING pursued loss transfer against Chubb, the insurer of a street sweeper under a CGL policy. The Arbitrator was persuaded that a street sweeper is not a motor vehicle under the Highway Traffic Act as it is a "self-propelled vehicle of a design commonly used in the... maintenance of highways", and it falls within the definition of road building machine. Furthermore, it was found that since a road building machine is not a "motor vehicle", it is not required to be insured under Section 224(1) of the Insurance Act and is not an automobile.
Claimant injured in accident in Ontario, started claim, but moved back to his parents' home in the Ukraine. Claimant's lawyer commenced arbitration in claimant's absence. Arbitrator finding that lawyer did not have the authority to start arbitration, and found that the proceeding was frivolous and vexatious. Costs awarded against lawyer in the amount of $4,621.17.
Trial of an issue to determine if a release stipulating that the plaintiff cannot seek future tort claims against State Farm is enforceable, as the plaintiff alleges that he was intoxicated by alcohol and drugs at the time he signed the release. Justice Van Rensburg set aside the release on the grounds that the settlement was "unconscionable". Justice Van Rensburg's analysis concluded that there was inequality in bargaining power between the parties and also that the agreement was improvident because a great deal was unknown about the plaintiff's condition.
Claimant's Application for Arbitration dismissed when he failed to attend various stages of the proceedings. The Arbitrator was satisfied that the claimant had proper Notice of every stage of the proceeding and that his counsel made reasonable efforts to locate him. The Arbitrator thus granted an Order pursuant to Rule 68.1 dismissing the Application for Arbitration on the grounds that it was frivolous and commenced in bad faith having been abandoned by the claimant.
Claimant involved in accident while driving his father's car. Claimant was a listed driver on his father's policy, but also had regular use and operation of a company vehicle. Arbitrator finding that insurer of company vehicle at priority to respond, despite the fact that the claimant was an occupant of her father's vehicle at the time of the loss.
