2 total
Arbitration application dismissed with costs after applicant repeatedly failed to attend scheduled hearings.
The applicant applied for statutory accident benefits following a motor vehicle accident and subsequently applied for arbitration when disputes arose.
After the applicant's counsel withdrew, the applicant failed to attend the scheduled pre-hearing conference and multiple hearing dates, despite receiving notice.
Due to the applicant's failure to participate or adduce evidence, the arbitrator dismissed the application and ordered the applicant to pay $750 in arbitration expenses to the insurer.
Arbitration dismissed as an abuse of process after applicant abandoned claim and ignored orders.
The applicant applied for statutory accident benefits following a motor vehicle accident.
After her counsel was removed from the record due to a breakdown in the lawyer-client relationship, the applicant failed to attend a scheduled pre-hearing and failed to comply with an order requiring her to confirm her intention to continue the arbitration.
The insurer brought a motion to dismiss the arbitration.
The arbitrator granted the motion, finding that the applicant's ongoing refusal to obey arbitral orders and participate in the process constituted an abuse of process, rendering the proceeding frivolous and vexatious under section 4.6(1) of the Statutory Powers Procedure Act.
The claims were dismissed, and the insurer was awarded its reasonable expenses.
