Application for arbitration dismissed with costs after applicant failed to attend and representative was removed.
The applicant's representative brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, as the applicant failed to communicate or attend scheduled pre-hearings.
The insurer brought a motion to dismiss the application for arbitration.
The arbitrator granted the representative's motion to be removed and dismissed the application for arbitration with costs of $950 payable by the applicant, noting the applicant's failure to attend or communicate despite ample notice.
Application for accident benefits dismissed with costs after applicant repeatedly failed to attend proceedings.
The applicant sought statutory accident benefits following a motor vehicle accident.
After the applicant repeatedly failed to attend pre-hearing discussions and failed to communicate with her counsel, her representative brought a motion to be removed from the record due to a material breakdown in the solicitor-client relationship.
The insurer concurrently moved to dismiss the application for arbitration.
The arbitrator granted both motions, removing the representative from the record and dismissing the application for arbitration as frivolous, vexatious, or commenced in bad faith under Rule 68 of the Dispute Resolution Practice Code.
The applicant was ordered to pay $1,000 in costs to the insurer.
Arbitration application dismissed as statute-barred because the applicant failed to attend mandatory mediation.
The insurer brought a motion to dismiss the insured's application for arbitration for statutory accident benefits.
The insurer argued the application was statute-barred because the insured failed to attend two scheduled mediation sessions, meaning mediation did not take place as required by section 281(2) of the Insurance Act.
The arbitrator agreed, finding that the mediator incorrectly issued a failed report instead of reporting that mediation did not take place.
Because the mandatory mediation precondition was not met, the two-year limitation period expired, and the application for arbitration was dismissed.
Application for accident benefits dismissed without costs after applicant's counsel removed from record.
The applicant sought accident benefits following a motor vehicle accident.
Her counsel brought a motion to be removed from the record due to a breakdown in the lawyer-client relationship and an inability to communicate.
The arbitrator granted the motion to remove counsel.
The applicant subsequently confirmed she did not wish to obtain new representation and wanted to cancel the arbitration.
The insurer brought a motion to dismiss the application.
The arbitrator dismissed the application for arbitration without costs.
Application for arbitration dismissed and representative removed from record due to applicant's failure to participate.
The applicant's legal representative brought a motion to be removed from the record due to an inability to communicate with the applicant.
The applicant failed to attend the pre-hearing and the preliminary issue hearing despite receiving notice.
The arbitrator granted the motion to remove the representative from the record and dismissed the application for arbitration without costs due to the applicant's failure to participate.