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Application for arbitration dismissed and expenses awarded after the applicant failed to attend the proceedings.
The insured applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After mediation failed, he applied for arbitration at the Financial Services Commission of Ontario.
The applicant's former counsel was removed from the record, and the applicant subsequently failed to attend a scheduled pre-hearing and the present motion.
The arbitrator found that the applicant was either aware of the proceedings or willfully ignorant by failing to update his address.
As the applicant failed to meet his onus of proof, the insurer's motion to dismiss the application for arbitration was granted.
The insurer was awarded $500 in expenses due to the applicant unnecessarily prolonging the process.
