2 total
Arbitration proceeding for accident benefits dismissed due to applicant's failure to attend assessments and respond.
The applicant sought statutory accident benefits following a motor vehicle accident.
After failing to attend a pre-hearing and numerous assessments, the arbitrator ordered the applicant to attend an in-home assessment.
The applicant failed to do so and ignored subsequent production requests and notices of resumption of the pre-hearing.
The arbitrator issued a notice of intention to dismiss the proceeding.
The applicant's counsel confirmed they had no response.
The arbitrator dismissed the proceeding without a hearing under Rule 68.1 of the Dispute Resolution Practice Code, finding it frivolous, vexatious, or commenced in bad faith due to the applicant's failure to pursue the claim.
Arbitration proceeding dismissed without a hearing due to applicant's failure to attend assessments and respond.
The Applicant applied for statutory accident benefits following a motor vehicle accident.
After failing to attend a pre-hearing and numerous assessments, the insurer requested the case be dismissed.
The Arbitrator issued a notice of intention to dismiss the proceeding under Rule 68.1 of the Dispute Resolution Practice Code.
The Applicant failed to respond or engage meaningfully in the arbitration.
Consequently, the Arbitrator dismissed the proceeding without a hearing, finding it to be frivolous, vexatious, or commenced in bad faith.
