The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
The insurer refused to pay further benefits, arguing the applicant's election to opt out of WSIB benefits was made primarily to obtain statutory accident benefits.
A preliminary issue hearing was scheduled to determine the validity of the election.
The applicant failed to appear at the hearing despite proper notice.
As the applicant bore the onus of proving the validity of his election and failed to do so, the application for arbitration was dismissed.
The applicant was ordered to pay the insurer's expenses of $5,254.77.
