Christopher Missiuna

The applicant sought accident benefits following a motor vehicle accident.

At the scheduled arbitration hearing, the applicant failed to attend despite a peremptory order.

The insurer brought a motion to dismiss the application without costs, noting a settlement had been reached but the settlement disclosure notice was unsigned.

The arbitrator proceeded in the applicant's absence under Rule 37.9 of the Dispute Resolution Practice Code.

Finding no objective evidence of a finalized settlement to apply Rule 69.4, but noting the applicant's failure to attend and lack of intent to continue, the arbitrator dismissed the application without costs.

The applicant sought statutory accident benefits following a motor vehicle accident.

After the applicant's counsel was removed from the record, the applicant failed to attend a pre-hearing discussion and the subsequent arbitration hearing.

The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration because the applicant failed to present evidence to support his claims.

The insurer was awarded $500 in expenses due to the applicant's failure to pursue the claim and attend the proceedings.