Janet Davies

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

After the applicant passed away, her legal counsel was removed from the record as no Estate Trustee had been appointed to provide instructions.

The insurer brought a motion to dismiss the arbitration application.

As no one appeared or responded on behalf of the applicant's estate, the arbitrator found that continuing the proceeding would be an abuse of process.

The application for arbitration was dismissed without costs.

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

After a pre-hearing discussion where a settlement was reportedly reached, the applicant and his paralegal failed to execute the settlement documents and ceased communicating.

The insurer brought a motion to dismiss the application for arbitration.

The arbitrator dismissed the application as an abuse of process due to the applicant's failure to participate and ordered the applicant to pay the insurer's expenses of $1,983.15.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

After filing an Application for Arbitration, the applicant ceased participating in the proceedings and failed to attend the motion to dismiss.

The arbitrator found that continuing the arbitration without the applicant's participation would be an abuse of process.

The application was dismissed, and the insurer was awarded $2,500 in expenses.

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

After her legal representative was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to participate in the arbitration proceedings or attend the scheduled hearing.

The insurer brought a motion to dismiss the application.

The arbitrator found that the applicant's failure to participate constituted an abuse of process and dismissed the application, awarding $2,121.84 in expenses to the insurer.

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

The parties were unable to resolve their disputes through mediation, and the applicant applied for arbitration.

The applicant's legal counsel was removed from the record due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the scheduled arbitration hearing.

The arbitrator dismissed the application for arbitration as an abuse of process due to the applicant's non-participation and failure to meet the onus of proving entitlement to the claimed benefits.

The insurer was awarded expenses in the amount of $3,243.61.

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

After the applicant's counsel was removed from the record due to an inability to contact him, the applicant failed to respond to communications or attend the arbitration hearing.

The insurer brought a motion to dismiss the application.

The arbitrator dismissed the application for arbitration as an abuse of process due to the applicant's abandonment of the claim and awarded $500 in expenses to the insurer.

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

The applicant's legal representative was previously removed from the record due to an inability to contact the applicant.

The applicant failed to attend the scheduled arbitration hearing.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration, finding that continuing the proceeding would be an abuse of process.

The insurer was awarded $500.00 in expenses for having to prepare for and attend the proceedings.

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

After his legal counsel was removed from the record, the applicant failed to attend the scheduled arbitration hearing.

The arbitrator proceeded in his absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.

As the applicant bore the onus of proving entitlement and presented no evidence, the application was dismissed.

The insurer was awarded $765.33 in expenses, representing full disbursements and nominal preparation costs, as it was aware the applicant might not appear.

The applicants were injured in a motor vehicle accident and sought statutory accident benefits from the insurer.

After their legal counsel was removed from the record, the applicants failed to attend a pre-hearing.

The insurer brought a motion to dismiss the applications for arbitration with costs.

During the motion, the applicants stated they were unaware the applications had been filed and had no interest in continuing.

The applications were dismissed on consent, and the insurer withdrew its request for expenses.

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

Following a breakdown in the solicitor-client relationship, the applicant became self-represented.

The insurer brought a motion to dismiss the application for arbitration as frivolous and vexatious.

The applicant consented to the dismissal, stating he no longer wished to pursue the matter.

The arbitrator dismissed the application on consent.

The insurer withdrew its request for expenses, and no expenses were awarded.

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

After the applicant repeatedly failed to attend scheduled pre-hearing discussions and failed to communicate with her counsel, her counsel brought a motion to be removed from the record.

The insurer concurrently requested that the application for arbitration be dismissed.

The arbitrator granted both motions, removing counsel from the record and dismissing the application without costs under Rule 68 of the Dispute Resolution Practice Code, finding that the application was frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

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

After his legal representative was removed from the record, the applicant failed to participate in the proceedings.

The insurer brought a motion to dismiss the application and sought its expenses.

The arbitrator dismissed the application without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding it frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer was awarded expenses of $3,772.71.

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

After her legal representative was removed from the record, the applicant failed to participate in a pre-hearing and could not be reached.

The insurer requested that the application be dismissed.

The arbitrator scheduled a motion and provided notice to the applicant.

When the applicant failed to participate in the motion, the arbitrator dismissed the application for arbitration as frivolous, vexatious, or commenced in bad faith under Rule 68 of the Dispute Resolution Practice Code.

The insurer waived its request for expenses.

The applicant's legal counsel brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, as they were unable to reach the applicant for instructions.

The insurer requested that the application for arbitration be dismissed with costs due to the applicant's failure to attend a pre-hearing discussion.

The arbitrator granted counsel's motion to be removed and dismissed the application for arbitration without a hearing, finding it frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer was awarded $500 in expenses.

The applicant's legal counsel brought a motion to be removed from the record due to an inability to contact the applicant.

The insurer brought a motion to dismiss the application for arbitration and sought costs.

The arbitrator granted the motion to remove counsel from the record, finding that due diligence was exercised.

The arbitrator also dismissed the application for arbitration as frivolous, vexatious, or commenced in bad faith because the applicant failed to participate in any of the proceedings.

The insurer was awarded $500 in expenses for unnecessarily prolonging the arbitration process.

The Applicant was injured in a 2006 motor vehicle accident and applied for a non-earner benefit.

During the pre-hearing, the Applicant sought to withdraw his application on a without-costs basis, which the Insurer opposed, seeking $8,288.40 in expenses on the basis that the Applicant was driving without insurance.

The Arbitrator permitted the withdrawal and held a written expense hearing.

The Arbitrator denied the Insurer's request for expenses, finding that neither party did their due diligence, as the Insurer's defence regarding the lack of insurance only became clear later in the process, after which the Applicant reasonably sought to withdraw the claim before a hearing.

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

After her legal counsel was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to participate in multiple scheduled pre-hearing discussions.

The insurer brought a motion to dismiss the application.

The arbitrator dismissed the application without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding it was frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer was awarded $1,500 in expenses.

The applicant sought accident benefits following a motor vehicle accident.

After failing to produce required documentation to support his claim for an Income Replacement Benefit and failing to attend a mandatory pre-hearing, his legal representative was removed from the record.

The applicant subsequently failed to respond to notices regarding the insurer's motion to dismiss.

The arbitrator dismissed the application for arbitration as frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer was awarded $1,600 in expenses.

The applicant's counsel brought a motion to be removed from the record after being unable to contact the applicant for instructions.

The applicant failed to attend a pre-hearing discussion and the subsequent motion hearing.

The arbitrator granted counsel's motion to be removed from the record.

Furthermore, the arbitrator dismissed the application for arbitration without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding it frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer was awarded $500 in expenses.

The applicant sought statutory accident benefits following a motor vehicle accident but subsequently failed to participate in the arbitration proceedings.

Her legal counsel was removed from the record after being unable to contact her, and the applicant's son later left a voicemail indicating she did not want to proceed with her claim.

The arbitrator dismissed the application without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding the application was frivolous, vexatious, or commenced in bad faith due to the failure to participate.

The insurer was awarded $250 in expenses for having to prepare for and participate in the proceedings.