Janet Davies

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 failed to participate in the arbitration proceedings or respond to communications after her legal counsel was removed from the record.

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

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 $500 in throw-away costs.

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.