Nick Greer

The insurer brought a motion to stay the arbitration because the applicant had not participated in the process and could not be reached by his counsel.

The arbitrator previously issued an order requiring the applicant to object to the stay by a certain date, which was sent by registered mail but ultimately returned undelivered.

Given the applicant's failure to participate and lack of actual notice despite efforts, the arbitrator granted the insurer's motion, stayed the arbitration, and vacated the scheduled hearing dates.

The applicant was injured in a motor vehicle accident and applied for arbitration claiming statutory accident benefits.

The insurer brought a motion to stay the arbitration because the applicant had not participated in the process and had lost contact with his counsel for over a year, preventing the production of relevant documents.

The arbitrator found that the insurer should not be put to the expense of responding to the application under these circumstances.

Relying on section 25.1 of the Statutory Powers Procedure Act, the arbitrator ordered that the arbitration would be stayed unless the applicant or his counsel provided written notice of objection and an undertaking to proceed diligently by a specified date.