The applicant sought statutory accident benefits following a motor vehicle accident but failed to attend a pre-hearing discussion and the scheduled arbitration hearing.
The applicant's counsel also failed to attend.
The arbitrator proceeded in the applicant's 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 $500.00 in expenses due to the applicant's failure to advance the application.
