Vlad Stefanescu

The applicant sought statutory accident benefits following a motor vehicle accident.

After the applicant filed an application with the Tribunal, the respondent insurer requested an examination under oath (EUO).

The applicant failed to attend, arguing the notice was insufficient and that an EUO could not be requested after an application was filed.

The Tribunal held that an insurer may request an EUO after an application is filed and found the respondent's notices satisfied the statutory requirements.

The applicant was ordered to attend the EUO, and the respondent was permitted to suspend benefits until attendance, though the Tribunal declined to stay the proceeding.

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 or provide prior notice.

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 $750 in expenses.

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

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

Following a series of pre-hearings where the applicant's legal representatives were removed from the record, the applicant failed to participate in a scheduled pre-hearing.

The insurer brought a verbal motion to dismiss the application.

The arbitrator granted the motion, finding the applicant's actions over the past 12 months provided proper grounds for dismissal under Rule 68.1 of the Dispute Resolution Practice Code.

The application was dismissed and the applicant was ordered to pay $1,250 in costs to the insurer.