Arbitration dismissed and expenses awarded against applicant and representative after finding motor vehicle accident was staged.
The applicant sought medical benefits following an alleged motor vehicle accident.
The insurer denied the claims, alleging the accident was staged and the applicant was not a passenger.
The applicant and her former representative failed to attend the arbitration hearing.
Based on inconsistencies in statements and evidence from another alleged passenger that the accident was fabricated, the arbitrator found the applicant was not involved in an accident and dismissed the arbitration.
The arbitrator awarded the insurer its arbitration expenses of $1,943.52, holding the applicant and her former representative jointly and severally liable due to their non-participation and the vexatious nature of the proceeding.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 28, 2006
