The insurer sought its expenses following the dismissal of the applicant's arbitration claim for statutory accident benefits.
The applicant had failed to attend the preliminary issue hearing, which was convened to determine if the applicant was involved in a staged accident.
The arbitrator assessed the insurer's expenses, considering the complexity of the matter, which included a Wagg application to obtain Crown evidence from a related homicide investigation.
The arbitrator awarded the insurer $31,661.90 in legal fees, disbursements, and HST, after deducting a portion of the investigative expenses and the filing fee.
