Neutral Citation: 1994 ONICDRG 90
File No. A-005933
ONTARIO INSURANCE COMMISSION
BETWEEN:
ELIZABETH ALADEJEBI
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
DECISION
Issues:
The Applicant, Elizabeth Aladejebi, was injured in a motor vehicle accident on December 17, 1992. She received weekly income benefits and supplementary medical and rehabilitation expenses from the Insurer payable under the Schedule1. The Insurer terminated weekly income benefits on June 23, 1993. The Applicant requested reinstatement of weekly income benefits from June 23, 1993 and payment of supplementary medical and rehabilitation expenses.
The Insurer denied that the Applicant was entitled to any weekly income benefits or supplementary medical and rehabilitation expenses and claimed that it had overpaid both categories of benefits during the period January 1, 1993 to June 23, 1993. The Insurer sought repayment, under section 27 of the Schedule, of all benefits it had paid to the Applicant.
The parties were unable to resolve their disputes through mediation and the Applicant applied for arbitration under the Insurance Act, R.S.O. 1990, c. I.8, as amended.
On the morning of the first day of hearing, neither the Applicant nor her counsel of record, Mr. Vishnu E. Misir of the law firm Vishnu E. Misir & Associates, appeared.
A brief adjournment was granted to accommodate Mr. Misir's schedule and to permit him an opportunity to make submissions in support of the Applicant's request for an adjournment.
On the evening of August 15, 1994, the Applicant withdrew her application. The Insurer sought a dismissal of the Applicant's claims and a determination of its own claims for repayment notwithstanding the Applicant's withdrawal from arbitration.
Issues to be Determined:
Are Mrs. Aladejebi's claims dismissed as the result of her withdrawal from arbitration? Are State Farm Mutual Automobile Insurance Company's ("State Farm") claims for repayment under section 27 of the Schedule determined, notwithstanding Mrs. Aladejebi's withdrawal from arbitration?
Is State Farm entitled to an award against Mrs. Aladejebi under section 282(11.2) of the Insurance Act?
Result:
Mrs. Aladejebi's claims are not dismissed. State Farm's claims for repayment under section 27 of the Schedule are not determined once the Applicant withdraws from arbitration.
State Farm is entitled to an award in the amount of $1,000 against Elizabeth Aladejebi under section 282(11.2) of the Insurance Act.
Hearing:
The hearing was held in Toronto, Ontario, on August 15 and 16, 1994, before me, Janice Mackintosh, arbitrator.
Present at the Hearing:
Insurer's Representative:
Eric Grossman
Barrister and Solicitor
Insurer's Officer:
Mr. Andrew McCormack
Claim Superintendent,
State Farm Insurance Companies
Ms. Corrina Mann, Adjuster
State Farm Insurance Companies
The proceedings were recorded by Ms. Sheila Ayers, of Network Court Reporting Ltd.
Mr. George Persaud, a clerk with the law firm Vishnu E. Misir & Associates, made a brief appearance at the Commission at 1:00 p.m. on