Cindy Dymond

The insured was injured in a motor vehicle accident and sought a determination of catastrophic impairment.

The insurer denied the designation, and the insured filed an Application for Mediation.

Before the 60-day mediation period expired and before mediation had failed, the insured filed an Application for Arbitration.

The insurer requested a preliminary issue hearing to determine if the arbitrator had jurisdiction.

The arbitrator held that the Application for Arbitration was barred because the statutory pre-condition of a failed mediation under s. 281(2) of the Insurance Act had not been met at the time the application was filed.

The applicant sought accident benefits following a motor vehicle accident but failed to participate in a pre-hearing discussion or the scheduled arbitration hearing.

The arbitrator noted that the applicant's former counsel had been removed from the record and that the applicant had been given proper notice of the proceedings.

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

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

After failing to attend multiple pre-hearing discussions, failing to provide productions, and failing to appear at the preliminary issue hearing despite notice, the insurer moved to dismiss the application.

The arbitrator dismissed the application for arbitration due to the applicant's non-attendance and failure to produce evidence, and ordered the applicant to pay $400 in expenses to the insurer.

The applicant sought accident benefits following a motor vehicle accident but failed to attend multiple scheduled pre-hearings.

Her legal representative lost contact with her and was removed from the record.

The insurer brought a motion to dismiss the application.

The arbitrator proceeded in the applicant's absence under Rule 37.7 of the Dispute Resolution Practice Code, dismissed the application for arbitration, and awarded the insurer $500 in expenses.

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

After the applicant's legal representatives lost contact with him and were removed from the record, the applicant failed to attend a pre-hearing resumption and a subsequent preliminary issue hearing.

The insurer brought a motion to dismiss the application.

The arbitrator granted the motion and dismissed the application for arbitration pursuant to Rule 68 of the Dispute Resolution Practice Code.

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

After the applicant failed to attend multiple pre-hearing conferences and preliminary issue hearings, his counsel requested to be removed from the record due to an inability to contact the applicant for instructions.

The arbitrator granted the request to remove counsel and, with the consent of the insurer, dismissed the application for arbitration pursuant to Rule 68 of the Dispute Resolution Practice Code.

The applicant sought statutory accident benefits following a motor vehicle accident but failed to attend the pre-hearing and preliminary issue hearing.

Her representative had previously been removed from the record due to loss of contact.

The insurer brought a motion to dismiss the arbitration.

The arbitrator found that the applicant had abandoned her claim and dismissed the application under Rule 68 of the Dispute Resolution Practice Code, awarding $200 in costs to the insurer.