Irvin H. Sherman, Q.C.

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

After failing to attend a pre-hearing discussion and two scheduled arbitration hearings, the insurer requested that the application be dismissed.

The arbitrator dismissed the application for arbitration due to the applicant's lack of participation and ordered the applicant to pay the insurer's expenses fixed at $1,500.

The Applicant was injured in a motor vehicle accident and sought income replacement benefits from the Insurer.

At the time of the accident, the Applicant was unemployed and had recently exhausted his severance pay.

He was in the two-week waiting period for Employment Insurance (EI) benefits.

The Insurer denied the claim on the basis that the Applicant was not receiving EI benefits at the time of the accident, as required by section 5(1) of the Statutory Accident Benefits Schedule.

The Arbitrator agreed with the Insurer, finding that the Applicant was not in receipt of EI benefits during the waiting period.

The application for income replacement benefits was dismissed.

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

After his legal counsel was removed from the record, the applicant failed to retain new counsel or attend the scheduled arbitration hearing despite receiving adequate notice.

The arbitrator dismissed the application for arbitration due to the applicant's non-attendance and awarded the insurer $1,500 in expenses for defending the claim.