Cheryl Gaster

The applicant sought accident benefits following a motor vehicle accident but ceased communicating with his counsel and the tribunal.

The insurer brought a motion to dismiss the application as frivolous, vexatious, or commenced in bad faith under Rule 68 of the Dispute Resolution Practice Code, or alternatively, to deem it withdrawn under Rule 70.

The arbitrator found that a dismissal under Rule 68 was inappropriate without assessing the merits of the claim.

However, given the applicant's prolonged failure to participate, the application was deemed withdrawn under Rule 70.

The applicant was ordered to pay $500 in expenses to the insurer.

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

After her representative was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to participate in subsequent proceedings or communicate with the Commission.

The insurer brought a motion to dismiss the application as frivolous, vexatious, or commenced in bad faith under Rule 68.1 of the Dispute Resolution Practice Code, or alternatively, to deem it withdrawn under Rule 70.

The arbitrator declined to dismiss the application under Rule 68.1, noting that such a finding requires an assessment of the merits, which was not possible here.

However, the arbitrator deemed the application withdrawn under Rule 70 due to the applicant's prolonged failure to participate.

The applicant was ordered to pay $500 in expenses to the insurer.