Amiri v. State Farm Mutual Automobile Insurance Company, 2016 ONSC 1637
CITATION: Amiri v. State Farm Mutual Automobile Insurance Company, 2016 ONSC 1637
DIVISIONAL COURT FILE NO.: 688/15 DATE: 20160307
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
J. WILSON, STEWART AND CONLAN JJ.
BETWEEN:
ALI AMIRI Applicant
– and –
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, FINANCIAL SERVICES COMMISSION OF ONTARIO and AARON WAXMAN AND ASSOCIATES Respondents
In Person
Paul C. Omeziri, for the Respondent, State Farm Mutual Automobile Insurance Company
Mark E. Bailey, for the Respondent, Financial Services Commission of Ontario
Josh Lang and Jennifer C. Carter, for the Respondent, Aaron Waxman and Associates
HEARD at Toronto: March 7, 2016
J. WILSON J. (ORALLY)
[1] Ali Amiri is applying for judicial review of an order from Arbitrator Jeffrey Rogers, dated December 4, 2015. The Arbitrator relieved Aaron Waxman and Associates from its obligation to act as the applicant’s counsel for his upcoming arbitration hearing before the Financial Services Commission of Ontario based on a breakdown in the solicitor/client relationship. The applicant has asked that this application be heard on an urgent basis, in accordance with s. 6(2) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1.
[2] The responding parties, State Farm Insurance and Aaron Waxman and Associates, take the position that this application for judicial review is premature, as all interim steps have not been taken, and there are no exceptional circumstances justifying this Court’s intervention.
[3] Counsel for the Financial Services Commission of Ontario takes no position on the question of prematurity, but has highlighted case law that is relevant to assessing this issue.
[4] While there is a general rule against fragmentation of proceedings, that rule is not without exception and should not be applied if there is a prospect of real unfairness: see College of Veterinarians of Ontario v. Mitelman, Samson, 2015 ONSC 484.
[5] In our view, this application is clearly premature and there are no issues of real unfairness. The applicant did not take the potential, internal steps provided to challenge this interim decision pursuant to s. 283 of the Insurance Act, R.S.O. 1990, c. I.8. Nor did he follow the procedures in the Dispute Resolution Practice Code to challenge an interim decision. Finally, in contravention of Rule 50.2 of the Dispute Resolution Practice Code for the Financial Services Commission of Ontario, the applicant did not request permission from the Director to appeal the interim order in question.
[6] The arbitration in question has not yet commenced, and the applicant advises that he will be seeking an adjournment and he will seek further documentary disclosure.
[7] The applicant has not provided any evidence of exceptional circumstances as stipulated in the case law that would warrant intervention of this Court at this interim stage in the proceeding: see Ontario College of Art v. Ontario (Human Rights Commission) (1993), 1993 3430 (ON SCDC), 11 O.R. (3d) 798 (Div. Ct.) at p. 800 and Re Woodglen & Co. Ltd. v. City of North York et al. (1983), 1983 1614 (ON SC), 149 D.L.R. (3d) 186 (Ont. Div. Ct.).
[8] For these reasons, the application for judicial review is dismissed as being premature.
[9] It is not necessary to determine the issue of the admissibility of the supplementary affidavit filed by Aaron Waxman and Associates, as this affidavit addresses the merits, not the question of prematurity.
COSTS
[10] I have endorsed the back of the Motion Record, “For oral reasons given the application is struck as premature. Costs fixed in the amount of $1,250 to each of State Farm and to Waxman and Associates payable by the applicant.”
___________________________ J. WILSON J.
STEWART J.
CONLAN J.
Date of Reasons for Judgment: March 7, 2016
Date of Release: March 10, 2016
CITATION: Amiri v. State Farm Mutual Automobile Insurance Company, 2016 ONSC 1637
DIVISIONAL COURT FILE NO.: 688/15 DATE: 20160307
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
J. WILSON, STEWART AND CONLAN JJ.
BETWEEN:
ALI AMIRI Applicant
– and –
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, FINANCIAL SERVICES COMMISSION OF ONTARIO and AARON WAXMAN AND ASSOCIATES Respondents
ORAL REASONS FOR JUDGMENT
J. WILSON J.
Date of Reasons for Judgment: March 7, 2016
Date of Release: March 10, 2016