Trisha McEvoy

The respondent brought a motion to dismiss the application without a hearing, arguing the applicant abandoned the proceeding by failing to attend a scheduled case conference.

The respondent also sought costs, alleging the applicant's conduct was unreasonable and vexatious.

The Tribunal dismissed the motion, finding the applicant's attendance at the motion hearing and his affidavit evidence of a mental breakdown demonstrated he had not abandoned his claim.

The Tribunal also declined to award costs, accepting the applicant's explanation for his absence and finding his conduct was not intended to harass or show disrespect.

The respondent brought a motion to dismiss the application without a hearing, arguing the applicant abandoned the proceeding by failing to attend a scheduled case conference.

The respondent also sought costs, alleging the applicant's conduct was unreasonable and vexatious.

The self-represented applicant provided affidavit evidence that he missed the case conference due to a mental breakdown and had no intention of abandoning his claim.

The Tribunal found the applicant had not abandoned the appeal and accepted his explanation for his absence.

The motion to dismiss and the request for costs were both dismissed.