Notice of intention to dismiss arbitration issued after applicant failed to participate or communicate.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After his solicitors were removed from the record, the applicant failed to notify the Commission of his intention to proceed with the arbitration, despite being ordered to do so.
The insurer brought a motion to dismiss the arbitration without a hearing.
The arbitrator found that the applicant had abandoned his arbitration and issued a notice of intention to dismiss the proceeding as frivolous, vexatious, or made in bad faith, giving the parties 20 days to object.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 28, 2006