The applicant sought to withdraw his application for arbitration regarding statutory accident benefits one month before the scheduled hearing, intending to proceed in court instead.
The insurer objected, arguing the withdrawal was an abuse of process and seeking costs under the Insurance Act and Practice Code.
The arbitrator found the applicant had not acted for an improper purpose or to harass the insurer, and therefore the withdrawal was not an abuse of process.
The withdrawal was permitted on the condition that the applicant could not re-apply for arbitration on the same issues.
The applicant's request for expenses of the withdrawal hearing was denied.
