2 total
Application for accident benefits dismissed due to applicant's failure to participate in proceedings.
The applicant applied for statutory accident benefits following a motor vehicle accident.
After disputes arose, the applicant applied for arbitration but subsequently failed to attend a pre-hearing discussion or a motion by his counsel to be removed from the record.
The applicant also failed to respond to the arbitrator's notices.
The insurer brought a motion to dismiss the application under Rule 68 of the Dispute Resolution Practice Code.
The arbitrator found that the proceeding had become frivolous or vexatious due to the applicant's failure to participate and dismissed the application, awarding $1,000 in expenses to the insurer.
Application for accident benefits dismissed as frivolous or vexatious due to applicant's failure to pursue claims.
After mediation failed, the applicant applied for arbitration.
The applicant and her counsel failed to attend the pre-hearing conference and subsequently failed to respond to the arbitrator's directions or communicate an intention to pursue the claim.
The insurer moved to dismiss the application.
The arbitrator found that the applicant manifested no interest in pursuing the claims and dismissed the application as frivolous or vexatious under Rule 68 of the Dispute Resolution Practice Code.
