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Arbitrator lacks jurisdiction to order costs against a former representative summonsed as a witness.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The parties resolved the substantive issues and consented to dismiss the arbitration with costs of $500 payable to the insurer.
A preliminary issue arose regarding a joint motion by the parties seeking an expense order against the applicant's former representative, who had been summonsed as a witness but failed to attend the initial hearing date due to illness without notifying counsel.
The arbitrator dismissed the motion, finding no statutory authority under section 282(11.2) of the Insurance Act to award expenses against a non-party or a former representative who was summonsed merely as a witness.