Ayda Choupani

The applicant was involved in a motor vehicle accident and applied to the Licence Appeal Tribunal.

The respondent raised preliminary issues, including whether the Tribunal had jurisdiction under s. 280 of the Insurance Act.

The applicant had only claimed applicability of the Minor Injury Guideline (MIG) and an award for unreasonably withheld payments, without claiming any specific statutory accident benefits.

The adjudicator found that the MIG is a guideline, not a benefit, and an application for an award without a tied benefit does not constitute a dispute over entitlement to or amount of statutory accident benefits.

Consequently, the Tribunal lacked jurisdiction and the application was dismissed.

The applicant sought statutory accident benefits following a motor vehicle accident.

The matter proceeded to a written hearing.

The applicant failed to file any written submissions or evidence in accordance with the Tribunal's orders and notices.

The Tribunal found that it had met its notice obligations under the Statutory Powers Procedure Act and proceeded in the applicant's absence.

The application was dismissed because the applicant failed to meet his evidentiary burden to demonstrate entitlement to the claimed benefits.