Arbitration dismissed for failure to attend; applicant ordered to pay $4,000 for abuse of process.
The applicant sought income replacement benefits following a motor vehicle accident.
The applicant failed to attend the arbitration hearing, and his counsel was granted leave to withdraw.
Relying on the insurer's medical evidence that the applicant's ongoing impairment was related to a prior workplace accident, the arbitrator dismissed the claim for benefits.
The arbitrator found the applicant's failure to attend or maintain contact with his counsel constituted an abuse of process, ordering him to pay $3,000 under subsection 282(11.2) and $1,000 in expenses under subsection 282(11) of the Insurance Act.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 14, 2002
