2 total
Application for arbitration dismissed and counsel removed from record after applicant repeatedly failed to attend.
The applicant sought statutory accident benefits following a motor vehicle accident.
After the applicant failed to attend multiple pre-hearing conferences and preliminary issue hearings, his counsel requested to be removed from the record due to an inability to contact the applicant for instructions.
The arbitrator granted the request to remove counsel and, with the consent of the insurer, dismissed the application for arbitration pursuant to Rule 68 of the Dispute Resolution Practice Code.
Appeal dismissed as the court found no basis to interfere with the lower court's decision.
The appellants appealed an order of the Superior Court of Justice.
The Court of Appeal found no basis to interfere with the lower court judge's decision.
The appeal was dismissed with costs awarded to each respondent in the amount of $2,000.
