2 total
Application for accident benefits dismissed with costs due to applicant's failure to attend arbitration hearing.
The applicant sought statutory accident benefits following a motor vehicle accident but failed to attend a pre-hearing discussion and the scheduled arbitration hearing.
The applicant's counsel also failed to attend or provide prior notice.
The arbitrator proceeded in the applicant's absence pursuant to Rule 37.7 of the Dispute Resolution Practice Code.
As the applicant bore the onus of proving entitlement and presented no evidence, the application was dismissed.
The insurer was awarded $750 in expenses.
Applicant ordered to pay $6,000 in costs for unnecessarily prolonging arbitration with dim prospects of success.
The Applicant was injured in a motor vehicle accident and sought statutory accident benefits from the Insurer.
After the Insurer paid the outstanding income replacement benefits, the Applicant sought to withdraw the arbitration on a no-costs basis, which the Insurer opposed.
The matter proceeded to an expense hearing.
The Arbitrator found that the Applicant unnecessarily prolonged the proceedings by failing to accept earlier offers to withdraw on a no-costs basis, given the dim prospects of success due to limitation issues and a lack of evidence.
The Applicant was ordered to pay the Insurer's costs fixed at $6,000, and the Applicant's request for costs was dismissed.
