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Insurer's request for costs upon applicant's withdrawal of arbitration application denied; no abuse of process found.
The applicant sought to withdraw her application for arbitration regarding statutory accident benefits at the pre-hearing stage, intending to pursue the claim in an ongoing court action.
The insurer agreed to the withdrawal but sought an award for its assessment fee and arbitration expenses, arguing the application was an abuse of process due to venue-splitting.
The arbitrator found that the applicant's conduct was not an abuse of process, as the application was filed before case law strongly discouraged venue-splitting.
The insurer's request for costs and assessment fees was dismissed, and the applicant was permitted to withdraw her application unconditionally.
