Arbitration dismissed as abandoned and vexatious after applicant failed to communicate with counsel or attend proceedings.
The applicant's counsel brought a motion to be removed from the record after the applicant failed to communicate or provide instructions following mediation.
The arbitrator granted the motion to withdraw.
The insurer subsequently brought a motion to dismiss the arbitration as abandoned and vexatious, noting the applicant's failure to attend the pre-hearing or respond to communications.
The arbitrator found that the applicant had effectively abandoned his claims and that continuing the arbitration would be an abuse of process.
The arbitration was dismissed, and the applicant was ordered to pay the insurer's expenses fixed at $2,772.07.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 30, 2016