Jordan Bronte Robertson Palmer

The applicant failed to attend his scheduled arbitration hearing for statutory accident benefits.

At the commencement of the hearing, the applicant's counsel successfully moved to be removed from the record due to a breakdown in the solicitor-client relationship.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration because the applicant failed to meet his burden of proof.

The insurer was awarded expenses for the proceeding, while the applicant was awarded expenses for a previous motion on which he was successful.

The applicant was injured in a motor vehicle accident as a pedestrian and applied for income replacement benefits.

The insurer denied the benefits and later brought a motion arguing the applicant was statute-barred from proceeding to arbitration because more than two years had passed since the denial.

The arbitrator found that the insurer's denial letter was clear and unambiguous, as evidenced by the applicant's subsequent participation in mediation.

Because the applicant failed to commence arbitration within two years of the denial or 90 days after mediation failed, the application for income replacement benefits was statute-barred.

The appellant appealed the dismissal of his action under Rules 20 and 21 of the Rules of Civil Procedure.

At trial, the appellant had amended his pleading to abandon all claims except for the pecuniary value of the alleged loss of an interdependent relationship (his marriage) following an accident.

The Court of Appeal upheld the motion judge's decision to strike the pleading under Rule 21, finding that the amended pleading contained virtually no material facts regarding the injuries, how they caused the marriage breakdown, or the associated economic loss.

The appeal was dismissed with costs.