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Arbitration for statutory accident benefits dismissed after applicant failed to participate in the proceedings.
The applicant claimed statutory accident benefits following a motor vehicle accident and applied for arbitration after mediation failed.
Following the commencement of the arbitration, the applicant failed to attend scheduled pre-hearings or participate in the process, leading her representative to withdraw.
The insurer requested an order dismissing the arbitration pursuant to Rule 68 of the Dispute Resolution Practice Code.
The arbitrator found that the arbitration had become frivolous due to the applicant's failure to participate in any meaningful way and dismissed the proceeding.
No expenses were awarded.
