Accident benefits claim dismissed with prejudice and costs awarded due to applicant's failure to participate.
The applicant sought statutory accident benefits following a motor vehicle accident.
After her representative withdrew due to her failure to cooperate, the insurer brought a motion to dismiss the claim.
The applicant failed to participate in the pre-hearing or the motion teleconference despite being served with notice.
The arbitrator granted the motion to dismiss with prejudice and awarded the insurer partial indemnity costs of $3,546.40.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 10, 2017