The applicant applied for arbitration after the insurer terminated her statutory accident benefits following a motor vehicle accident.
After the applicant failed to attend three scheduled pre-hearings and her counsel was permitted to withdraw due to a lack of instructions and contact, the insurer sought to dismiss the proceeding.
The arbitrator found that the applicant had effectively abandoned her case and dismissed the application without a hearing as vexatious pursuant to Rule 68.1 of the Dispute Resolution Practice Code.