The applicant applied for statutory accident benefits following a motor vehicle accident.
After her counsel was removed from the record due to a breakdown in the lawyer-client relationship, the applicant failed to attend a scheduled pre-hearing and failed to comply with an order requiring her to confirm her intention to continue the arbitration.
The insurer brought a motion to dismiss the arbitration.
The arbitrator granted the motion, finding that the applicant's ongoing refusal to obey arbitral orders and participate in the process constituted an abuse of process, rendering the proceeding frivolous and vexatious under section 4.6(1) of the Statutory Powers Procedure Act.
The claims were dismissed, and the insurer was awarded its reasonable expenses.
