The applicant sought accident benefits following a motor vehicle accident but failed to attend the arbitration hearing.
At the outset of the hearing, the arbitrator granted a motion by the applicant's counsel to be removed from the record due to a lack of instructions.
Proceeding in the applicant's absence, the arbitrator dismissed the claim for benefits as no evidence was presented.
The arbitrator further found that the applicant's conduct—including failing to provide medical information, ignoring communications, and failing to attend—amounted to an abuse of process under section 282(11.2) of the Insurance Act, and ordered the applicant to pay the insurer's assessment fee and disbursements.
