The applicant failed to attend his scheduled arbitration hearing for statutory accident benefits.
At the commencement of the hearing, the applicant's counsel successfully moved to be removed from the record due to a breakdown in the solicitor-client relationship.
The arbitrator proceeded in the applicant's absence and dismissed the application for arbitration because the applicant failed to meet his burden of proof.
The insurer was awarded expenses for the proceeding, while the applicant was awarded expenses for a previous motion on which he was successful.