Application for accident benefits dismissed as abandoned after applicant failed to participate in proceedings.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After failing to participate in the arbitration process and losing contact with his counsel, who was subsequently removed from the record, the insurer brought a motion to dismiss the application.
The arbitrator found that the applicant had abandoned his claim, rendering it frivolous and vexatious under section 68 of the Dispute Resolution Practice Code.
The application for arbitration was dismissed without costs.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 25, 2016