Application for accident benefits dismissed due to applicant's failure to attend mandatory pre-hearing conference.
The applicant sought accident benefits following a motor vehicle accident.
After her legal representatives were removed from the record due to an inability to contact her, the applicant failed to attend a mandatory pre-hearing conference.
The insurer moved to dismiss the application.
The arbitrator found that the applicant had been notified of the proceedings and warned of the consequences of non-attendance.
Given her failure to participate and meet her onus of proof, the application for arbitration was dismissed pursuant to Rule 68 of the Dispute Resolution Practice Code and section 23 of the Statutory Powers Procedure Act.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 23, 2015