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Application for accident benefits arbitration dismissed due to applicant's failure to attend; insurer awarded $750 expenses.
The applicant sought statutory accident benefits following a motor vehicle accident.
After the applicant failed to attend a pre-hearing discussion and his representative lost contact with him, the insurer brought a motion to dismiss the application for arbitration.
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 for preparing for and attending the proceedings.
