Benjamin Drory

The applicant failed to attend the scheduled arbitration hearing regarding her claim for statutory accident benefits following a motor vehicle accident.

Her legal representative requested to be removed from the record due to a breakdown in the solicitor-client relationship, which the arbitrator granted.

As the applicant did not appear and presented no evidence to support her claims, the application for arbitration was dismissed.

The insurer was awarded $1,000 in expenses due to the applicant's repeated failure to attend proceedings and examinations.

The applicant's application for arbitration regarding statutory accident benefits was previously dismissed.

The insurer subsequently sought its expenses of the proceeding in the amount of $1,586.09.

The applicant did not participate in the expense hearing.

The arbitrator found that the insurer was totally successful in the proceeding and that the claimed amount was reasonable and consistent with the Dispute Resolution Practice Code and the Expense Regulation.

The insurer was awarded its full claimed expenses of $1,586.09.

The applicants' applications for arbitration regarding statutory accident benefits were dismissed after they failed to appear at the hearing.

The insurer subsequently sought its expenses for the proceeding.

The arbitrator found that the insurer was entirely successful and that the proceedings were unnecessarily prolonged by the applicants' failure to participate.

The arbitrator awarded the insurer its full claimed expenses of $2,809.37 respecting one applicant and $2,067.05 respecting the other.

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

After her legal representative was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to attend a pre-hearing discussion and the scheduled arbitration hearing.

The arbitrator proceeded in the applicant's absence.

Because the applicant bore the onus of proving entitlement to the claimed benefits and presented no evidence, the application for arbitration was dismissed.

The parties were invited to provide written submissions regarding expenses.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.

After the applicant's legal counsel was removed from the record, the applicant failed to attend a pre-hearing discussion and the scheduled arbitration hearing.

The arbitrator proceeded in the applicant's absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.

As the applicant bore the onus of proving entitlement to the claimed benefits and presented no evidence, the application for arbitration was dismissed.

The insurer requested $500 in expenses, and the arbitrator invited written submissions from the applicant on the issue of expenses.

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

After failing to attend a pre-hearing discussion, the applicant was provided notice of the arbitration hearing but failed to participate.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration, as no evidence was presented to prove entitlement to the claimed benefits.

Additionally, the arbitrator granted a motion by the applicant's legal representative to be removed from the record due to a breakdown in the solicitor-client relationship.

The parties were invited to provide written submissions regarding expenses.

The applicants sought statutory accident benefits following a motor vehicle accident but failed to attend their scheduled arbitration hearing.

The arbitrator proceeded in their absence and dismissed the applications, as the applicants failed to meet their burden of proof.

The arbitrator also granted a motion by the applicants' legal counsel to be removed from the record due to a breakdown in the solicitor-client relationship.

The applicants failed to attend a scheduled pre-hearing regarding their claims for statutory accident benefits.

Their counsel brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, which was granted.

The arbitrator dismissed the applications for arbitration as frivolous, vexatious, or commenced in bad faith due to the applicants' failure to participate, and ordered the applicants to pay $1,000 in expenses to the insurer.

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

After failing to resolve the dispute at mediation, the applicant applied for arbitration.

The applicant failed to attend a pre-hearing discussion and the subsequent arbitration hearing, despite his representative's attempts to locate him.

The arbitrator dismissed the application for arbitration due to the applicant's non-attendance and failure to present evidence.

The insurer was awarded $1,000 in expenses.

The applicant was injured in a motor vehicle accident and sought accident benefits.

After mediation failed, she applied for arbitration.

Her legal representative brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, having been unable to contact the applicant.

The arbitrator granted the representative's motion.

As the applicant failed to attend the pre-hearing or the subsequent teleconference despite notice, the arbitrator dismissed the application for arbitration without a hearing, finding the proceeding to be frivolous, vexatious, or commenced in bad faith.

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

After failing to attend a pre-hearing discussion and two subsequent arbitration hearings, and despite her representative's unsuccessful efforts to locate her, the arbitrator proceeded in her absence.

The application for arbitration was dismissed as the applicant failed to present evidence to support her claims.

The insurer was awarded $300 in expenses.

The applicant was injured in a motor vehicle accident and sought accident benefits.

At a pre-hearing, the applicant participated briefly by telephone from Sri Lanka, but his identity could not be confirmed and he failed to attend the resumed in-person pre-hearing.

The applicant's legal representative brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, which was granted.

Due to the applicant's failure to attend the resumed pre-hearing, the arbitrator dismissed the application for arbitration as frivolous, vexatious, and/or commenced in bad faith pursuant to Rule 68.1 of the Dispute Resolution Practice Code.

The insurer sought expenses following the dismissal of the applicant's application for arbitration for statutory accident benefits.

The applicant did not respond to the request for expenses.

The arbitrator awarded the insurer $3,199.17 in expenses, finding that the insurer was completely successful and the applicant's conduct prolonged the proceeding.

The arbitrator disallowed $238.00 claimed for official examiners' fees as they were not allowable under the Expense Regulation.

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

After failing to attend a pre-hearing discussion and failing to respond to multiple communications, the insurer brought a motion to dismiss the application.

The applicant and his representative failed to participate in the motion.

The arbitrator dismissed the application for arbitration without a hearing, finding it frivolous, vexatious, and/or commenced in bad faith.

The insurer was awarded $1,000 in expenses.