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Applicant permitted to withdraw arbitration but ordered to pay insurer's assessment fee for abuse of process.
The Applicant sought to withdraw his Application for Arbitration for statutory accident benefits after realizing he had missed the two-year limitation period, intending instead to pursue a court action against his former solicitor for negligence and an alternate claim for benefits.
The Arbitrator permitted the withdrawal but found that commencing and then withdrawing the arbitration to pursue a better forum constituted an abuse of process.
Consequently, the Applicant was ordered to pay the insurer's $2,000 assessment fee, and prohibited from commencing another arbitration for the same benefits until the fee is paid.
