1 total
Application for accident benefits dismissed with costs after applicant failed to attend the arbitration hearing.
The applicant sought statutory accident benefits following a motor vehicle accident.
After failing to appear at a pre-hearing discussion, the applicant and his legal representative were sent an attendance notice for an in-person hearing.
When the applicant again failed to appear or contact the arbitrator, the arbitration proceeded in his 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 applicant was ordered to pay the insurer's expenses of $750.00.
