3 total
Application for accident benefits dismissed after applicant failed to provide submissions or evidence.
The applicant sought statutory accident benefits following an alleged motor vehicle accident.
The respondent denied the benefits, and the applicant applied to the Licence Appeal Tribunal.
A written hearing was scheduled to determine the preliminary issue of whether the applicant was involved in an "accident" under s. 3(1) of the Schedule, as well as substantive issues regarding entitlement to medical benefits.
The applicant failed to provide any written submissions or evidence and did not respond to communications from the Tribunal.
The Tribunal found that the applicant failed to meet his evidentiary burden to establish he was involved in an accident.
The application was dismissed.
Application for accident benefits dismissed and expenses awarded after applicant failed to attend arbitration hearing.
The applicant sought statutory accident benefits following a motor vehicle accident.
After her legal representative was removed from the record due to a breakdown in the solicitor-client relationship, the applicant failed to participate in the scheduled arbitration hearing despite receiving notice.
The arbitrator proceeded in her absence and dismissed the application for arbitration, as no evidence was presented to support her claims.
The insurer was awarded $1,750.00 in expenses.
Representative removed from record due to breakdown in communication and inability to obtain instructions.
The applicant's representative brought a motion to be removed from the record after losing contact with the applicant, who had left the country and failed to provide updated contact information.
The arbitrator found that the breakdown in communication prevented the representative from obtaining instructions, making it impossible to continue the representation.
The motion was granted, and the applicant was ordered to provide updated contact information and advise of her intentions regarding future representation.
