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Applicant permitted to withdraw arbitration application without terms; application not found frivolous or vexatious.
The applicant sought to withdraw his second application for arbitration regarding statutory accident benefits after an unsuccessful appeal on his first application.
The insurer opposed the withdrawal unless awarded $2,000 for expenses, arguing the second application was frivolous, vexatious, or an abuse of process under section 282(11.2) of the Insurance Act.
The arbitrator found the application was not frivolous, vexatious, or an abuse of process, as there was some chance of success when it was commenced and the applicant was attempting to correct an oversight from the first proceeding.
The applicant was permitted to withdraw the application without terms.
