Neutral Citation: 1993 ONICDRG 77
File No. A-004634
ONTARIO INSURANCE COMMISSION
BETWEEN:
SHAHARAZAD SHARON BACCHUS
Applicant
and
WELLINGTON INSURANCE COMPANY
Insurer
DECISION
Issues:
The Applicant, Shaharazad Sharon Bacchus, was injured in a motor vehicle accident on July 19, 1991. She applied for and received accident benefits from the Insurer payable under Ontario Regulation 672 (the "No-Fault Benefits Schedule"), enacted under the Insurance Act, R.S.O. 1990, c. I.8.
Benefits were paid until March 7, 1992, when they were terminated. Mediation was unsuccessful in resolving the dispute between the Applicant and the Insurer, and the Applicant applied for arbitration under the Insurance Act.
The issues in this hearing are:
Is the Applicant entitled to receive weekly benefits and childcare benefits under section 13 of the No-Fault Benefits Schedule from March 7, 1992 onwards?
Is the Applicant entitled to receive $200 in weekly benefits, as claimed, or $185 as paid by the Insurer?
Is the Applicant entitled to receive payment of amounts for supplementary medical and rehabilitation benefits as claimed?
Ms. Bacchus also claims interest on any outstanding amounts owing, and her expenses incurred in the hearing.
Result:
Ms. Bacchus is not entitled to additional weekly benefits, childcare benefits, supplementary medical and rehabilitation benefits or interest.
Ms. Bacchus is not entitled to her expenses related to the arbitration.
Hearing:
The hearing was held in North York, Ontario, on Monday, November 15, 1993, before me, Frederika M. Rotter, Senior Arbitrator.
Present at the Hearing:
Insurer's
Andrew Rosen
Representatives:
Katherine King-Barbati
Claims Representatives
Documents before the Arbitrator:
Report of Mediator, dated June 21, 1993
Application for Appointment of an Arbitrator, dated July 31, 1993.
Notice of pre-hearing discussion, dated September 17, 1993
Response by Insurer, dated September 23, 1993
Letter, dated October 7, 1993, confirming the pre-hearing discussion that took place on September 29, 1993.
Notice of Hearing, dated October 1, 1993
Reasons for Decision:
Ms. Bacchus was involved in an automobile accident on July 19, 1991. She applied to her insurer, Wellington Insurance Company, for no-fault benefits. Ms. Bacchus was paid weekly benefits of $185 and childcare benefits of $50 until March 7, 1992. Wellington terminated her benefits on the basis that she was no longer substantially unable to perform her essential tasks.
Ms. Bacchus applied for mediation of her dispute with Wellington. During the mediation, she put forward her ongoing claim for weekly benefits in the amount of $200 per week, childcare benefits, and prescription and taxicab expenses. She also asked to be reimbursed for expenses in connection with her school attendance, as she was not able to continue at school as a result of the accident. She also claimed interest on all outstanding amounts.
According to the Report of Mediator, dated June 21, 1993, the dispute was not resolved.
On September 29, 1993, a pre-hearing discussion was held at the Ontario Insurance Commission.
Ms. Bacchus was notified of the pre-hearing discussion, but did not attend and was not represented. A telephone call was placed to the Applicant about 15 minutes after the pre-hearing was due to commence. It was learned that the Applicant was not at home. The pre-hearing arbitrator waited a total of 30 minutes and then commenced the pre-hearing.
Mr. Andrew Rosen and Ms. Katherine King-Barbati represented Wellington. The pre-hearing arbitrator sent a letter to both parties, dated October 7, 1993, confirming the discussion. The letter indicates that the issues in dispute were identified and that the pre-hearing arbitrator made orders for the production of certain medical and financial documents and records by Ms. Bacchus, at the request of Wellington.
The letter also confirmed that the arbitration hearing was scheduled for November 15, 1993, at 10:00 a.m., at the Ontario Insurance Commission.
The Ontario Insurance Commission sent a formal Notice of Hearing, dated October 1, 1993, to the parties. The Notice of Hearing states that an arbitration hearing will take place on November 15, 1993, at 10:00 a.m., at the Ontario Insurance Commission. The Notice of Hearing also includes the following paragraph:
You may attend this hearing in person and/or be represented. If you or your representative do not attend at the hearing, the arbitrator may dispose of the case in your absence and you will not be entitled to any further notice of the arbitration proceedings.
The Ontario Insurance Commission received a copy of a letter, dated November 9, 1993, addressed to Ms. Bacchus from Mr. Rose of Wellington. The letter is further to a telephone call, and confirms that the arbitration hearing is scheduled for November 15, 1993, and that Wellington had not yet received the documentation that was ordered to be produced.
Ms. Bacchus did not attend the hearing on November 15, 1993. The Dispute Resolution Practice Code of the Ontario Insurance Commission provides:
15.3(a) Where a Notice has been given to a party and the party does not attend at the hearing, the arbitrator may proceed with the arbitration in the absence of the party and he or she is not entitled to any further notice in the proceedings.
(b) An arbitration order shall not be made against a party solely on the failure of a party to attend at the hearing.
There was no indication that Ms. Bacchus had not received the Notice of Hearing. In addition, there was no indication that she did not receive the pre-hearing letter, nor Mr. Rose's letter, both of which set out the hearing dates. After waiting a reasonable length of time, I proceeded with the hearing.
In the absence of any evidence or submissions from Ms. Bacchus, I am unable to grant any of her claims. Ms. Bacchus failed to produce the medical and financial documentation ordered, or to present any other information to support her claims. I conclude, therefore, that her claims must be dismissed.
Order:
Ms. Bacchus is not entitled to any additional benefits, or interest.
Ms. Bacchus is not entitled to her expenses related to the arbitration.
December 7, 1993
Frederika M. Rotter
Senior Arbitrator
Date