Janet Davies

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.

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

After filing an Application for Arbitration, the applicant failed to participate in the proceedings or communicate with her counsel.

The applicant's counsel brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, and the insurer moved to dismiss the application with expenses.

The arbitrator granted the motion to remove counsel, dismissed the application as frivolous and vexatious due to the applicant's failure to participate, and awarded the insurer $250 in expenses.

The applicant was injured in an automobile accident and sought statutory accident benefits.

After his legal counsel lost contact with him and was removed from the record, the applicant failed to attend a scheduled pre-hearing discussion and a subsequent preliminary issue hearing.

The insurer requested that the application be dismissed with costs.

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 $250 in throw away costs for having to prepare for the proceedings.