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Application for accident benefits dismissed and nominal expenses awarded after applicant failed to attend hearing.
The applicant sought statutory accident benefits following a motor vehicle accident.
After his legal counsel was removed from the record, the applicant failed to attend the scheduled arbitration hearing.
The arbitrator 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 insurer was awarded $765.33 in expenses, representing full disbursements and nominal preparation costs, as it was aware the applicant might not appear.
