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Application for accident benefits dismissed as abuse of process after applicant failed to file submissions.
The applicant sought statutory accident benefits following a motor vehicle accident.
After a case conference, the applicant was ordered to file written submissions but failed to do so and did not request an extension.
The respondent brought a motion to dismiss the application as an abuse of process.
The adjudicator found the applicant's failure to comply with the order and communicate with the respondent constituted an abuse of process.
The motion was granted and the application was dismissed without costs, as awarding costs against the applicant would render any potential recovery moot.
