5 total
Arbitration application dismissed for abandonment after applicant failed to attend hearing; no expenses awarded.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After mediation failed, she applied for arbitration.
The applicant failed to attend multiple pre-hearings and the main teleconference hearing, having reportedly relocated to Kuwait for cancer treatment.
The arbitrator found that the applicant had abandoned her arbitration and dismissed the application.
The insurer's request for expenses was denied due to the applicant's unknown location and alleged serious illness.
Court refuses misnomer substitution after years of delay and lack of notice.
The plaintiff moved under Rules 5.04(2) and 26.01 of the Rules of Civil Procedure to amend a statement of claim to substitute identified drivers and an owner for previously named John Doe defendants following a multi‑vehicle collision.
The court accepted that the pleading satisfied the initial test for misnomer because the statement of claim clearly described the accident such that a reasonable person would recognize that it referred to them.
However, the court exercised its residual discretion under Rule 5.04(2) to refuse the amendment.
The proposed defendants had no notice of the claim until nearly five years after the accident and almost three years after the presumptive limitation period expired, creating potential non‑compensable prejudice.
The court also emphasized the plaintiff’s significant unexplained delay in pursuing the amendment and the policy rationale underlying limitation periods.
Motion by applicant's representatives to be removed as counsel of record granted due to communication breakdown.
The applicant's representatives, Tkatch and Associates, brought a motion to be removed as counsel of record due to a breakdown in communications.
The applicant had been receiving medical treatment in Kuwait and her representatives had been unable to contact her since June 2013.
The arbitrator granted the unopposed motion, removing the firm as solicitors of record and permitting service of the order to the applicant's last known mailing and email addresses.
Application for statutory accident benefits dismissed as vexatious after applicant abandoned the proceeding; costs awarded.
The applicant applied for statutory accident benefits but subsequently abandoned the proceeding.
He failed to fulfill undertakings to provide documentation and attend an examination under oath, and failed to appear at the resumed pre-hearing conference.
The arbitrator dismissed the application as vexatious pursuant to Rule 68 of the Dispute Resolution Practice Code.
The insurer was awarded $1,500 in expenses under s. 282(11) of the Insurance Act.
Application for statutory accident benefits dismissed as abandoned after applicant failed to attend pre-hearing conferences.
The applicant applied for statutory accident benefits but failed to attend two scheduled pre-hearing conferences.
The applicant's counsel was removed from the record at the first conference.
After the applicant failed to respond to notices or provide written submissions explaining his absences, the arbitrator found the proceeding had been abandoned and become vexatious.
The application was dismissed pursuant to Rule 68 of the Dispute Resolution Practice Code, and the applicant was ordered to pay $1,500 in expenses to the insurer.
