Claim for statutory accident benefits dismissed and costs awarded to insurer after applicant failed to attend hearing.
The applicant was injured in a pedestrian motor vehicle accident and received statutory accident benefits until the insurer terminated weekly income benefits.
The applicant applied for arbitration but failed to attend the hearing or maintain contact with her legal representatives, who were permitted to withdraw.
Proceeding in her absence, the arbitrator accepted the insurer's uncontested medical evidence that the applicant did not suffer from a physical or psychological impairment preventing her from working.
The claim for benefits was dismissed, and the applicant was ordered to pay the insurer's legal expenses of $1,636.95, though the arbitrator declined to order the applicant to pay the insurer's filing fee as the initial claim was not frivolous or vexatious.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 5, 1999
