Katie Sharpe

The applicant applied for statutory accident benefits following a motor vehicle accident.

After failing to resolve disputes through mediation, the applicant applied for arbitration.

The applicant failed to attend multiple pre-hearing conferences despite receiving notice and being advised of the consequences by his counsel.

The insurer sought to dismiss the arbitration.

The arbitrator found that the applicant had effectively abandoned his arbitration and that the proceeding was frivolous.

The arbitration was dismissed without a hearing pursuant to Rule 68.1 of the Dispute Resolution Practice Code.

The appellant estate appealed an arbitrator's decision dismissing its claim for statutory accident benefits and ordering its counsel to personally pay the insurer's legal expenses of $4,256.37.

The arbitrator found that the estate had no legal standing to claim death or funeral benefits, which are personal to the dependant, and that counsel failed to properly amend the application despite being given time to do so.

On appeal, the Director's Delegate confirmed the arbitrator's decision, finding no error in the refusal to amend the title of proceedings without a proper motion, and upholding the costs award against counsel for advancing a claim with no chance of success.