Veronika Hamza

The applicant was injured in a motor vehicle accident and sought statutory accident benefits.

A preliminary issue hearing was held to determine whether the applicant was a party under disability pursuant to Rule 10 of the Dispute Resolution Practice Code, given her history of bipolar affective disorder and hospital admissions.

The arbitrator found that the medical evidence, including a recent letter from her treating psychiatrist, did not rebut the presumption of capacity.

The arbitrator concluded that the applicant had the capacity to instruct her representative and proceed with the dispute resolution process.

The applicant sought accident benefits following a motor vehicle accident.

Her legal counsel brought a motion to be removed from the record due to a complete breakdown in the solicitor-client relationship and an inability to contact the applicant for several months.

The applicant failed to participate in a scheduled pre-hearing discussion and the subsequent motion hearing.

The arbitrator granted counsel's request to be removed from the record and dismissed the application for arbitration without a hearing under Rule 68 of the Dispute Resolution Practice Code, finding the application frivolous, vexatious, or commenced in bad faith due to the applicant's failure to participate.

The insurer did not seek expenses.