Brittanny Tinslay

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

During a case conference, the applicant sought to withdraw the application, prompting the respondent insurer to bring a motion for costs, arguing the applicant acted frivolously by proceeding without supporting evidence.

The Tribunal found it had jurisdiction to hear the costs motion despite the withdrawal.

However, the Tribunal dismissed the motion, concluding the applicant had a bona fide reason to dispute the claim denial and did not act frivolously, vexatiously, or in bad faith.

The applicant sought statutory accident benefits following a motor vehicle accident.

After the applicant's representative was removed from the record, the applicant failed to attend the scheduled arbitration hearing despite receiving notice.

The insurer brought a motion to dismiss the application for non-attendance.

The arbitrator granted the motion, dismissing the application and ordering the applicant to pay $1,400 in expenses to the insurer.

The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.

Disputes arose and the applicant applied for arbitration.

The applicant's counsel was removed from the record at a pre-hearing discussion due to a breakdown in the solicitor-client relationship.

The applicant failed to attend the arbitration hearing despite receiving notice.

As the applicant bore the onus of proving entitlement to the claimed benefits and provided no evidence, the arbitrator dismissed the arbitration.