H. Michael Kelly, Q.C.

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

The matter proceeded to an arbitration hearing.

The applicant's former representative had been removed from the record prior to the hearing.

The applicant failed to attend the hearing and presented no evidence to support the claims for benefits.

The arbitrator dismissed the application for arbitration.

No expenses were ordered.

The Applicant was catastrophically injured when he lost control of an uninsured motorcycle.

The Insurer denied certain statutory accident benefits under s. 31(1)(a)(i) of the Schedule, arguing the Applicant had purchased the motorcycle that day and knew or ought reasonably to have known it was uninsured.

The Arbitrator found the Insurer failed to prove on a balance of probabilities that the Applicant had purchased the motorcycle or that an ordinary rational person in his circumstances ought reasonably to have known it was uninsured.

The Arbitrator also admitted the testimony of the Applicant's cousin despite late disclosure, and admitted a discovery transcript from a related priority arbitration.

The preliminary issue was resolved in the Applicant's favour.

The Applicant sought statutory accident benefits following a motor vehicle accident but subsequently failed to comply with a production order, lost contact with his counsel (who was removed from the record), and failed to attend multiple pre-hearings and the preliminary issue hearing.

The Insurer brought a motion to dismiss the arbitration.

The Arbitrator found that the Applicant's conduct demonstrated an intention to abandon the proceeding and ordered that the application be deemed constructively withdrawn pursuant to Rule 70(3) of the Dispute Resolution Practice Code.

The Applicant was ordered to pay $600 in expenses.