Application for accident benefits dismissed and expenses awarded to insurer after applicant failed to attend hearing.
The applicant sought statutory accident benefits following a motor vehicle accident.
She failed to attend the arbitration hearing or file any evidence to support her claims.
The arbitrator reviewed the insurer's medical and functional assessments, which concluded the applicant could perform her pre-accident activities.
The arbitrator dismissed all claims for benefits and ordered the applicant to pay the insurer's arbitration expenses, though declined to find the proceeding was frivolous or vexatious from the outset.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 15, 2003