Tuyen (Joseph) Nguyen

The applicant sought accident benefits following a motor vehicle accident but passed away after filing the application for arbitration.

His family did not open an estate or provide instructions to his legal representative.

The representative moved to be removed from the record, and the insurer moved to dismiss the application.

The arbitrator granted the representative's removal and deemed the application constructively withdrawn under Rule 70 of the Dispute Resolution Practice Code due to the family's non-participation, rather than dismissing it as frivolous or vexatious.

No costs were awarded.

Following the dismissal of the appellants' appeals, the respondent sought a determination of the quantum of its legal appeal expenses.

The respondent claimed $2,055.89 based on the Legal Aid Tariff Rate.

The appellants failed to respond to the cost submissions.

The Director's Delegate found the fees and disbursements reasonable, considering the respondent had to deal with three appeals, and ordered the appellants to pay $2,055.89 inclusive of HST and disbursements.