Neutral Citation: 1996 ONICDRG 207
OIC A96-000543
ONTARIO INSURANCE COMMISSION
BETWEEN:
EMIN KHANALIEV
Applicant
and
GENERAL ACCIDENT ASSURANCE CO. OF CANADA
Insurer
DECISION
Issues:
The Applicant, Emm Khanaliev, claims that he was injured in a motor vehicle accident on November 25, 1992. He applied for and received statutory accident benefits from General Accident Assurance Company of Canada ("General Accident"), payable under Ontario Regulation 672.1 Weekly income benefits were terminated by General Accident on November 25, 1995. The parties were unable to resolve their disputes through mediation and Mr. Khanaliev applied for arbitration under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
Mr. Khanaliev asked for permission to withdraw his application for arbitration.
Result:
- The Applicant is permitted to withdraw his application for arbitration.
Hearing:
The hearing was held at the offices of the Ontario Insurance Commission in North York, Ontario, on November 5, 1996 and December 9, 1996.
Present at the Hearing:
Applicant's Representative
Tamara Khanaliev
General Accident's Representative
Patrick J. Mazurek Barrister and Solicitor
General Accident's Officer:
Bridgette Mark
Before:
William J. Renahan
Arbitrator
The Applicant, Emin Khanaliev, is the subject of a Certificate of Statutory Guardianship dated March 18, 1996, whereby his mother, Tarmara Khanaliev, is appointed guardian of all his property under the Substitute Decicisions Act, 1992, S.O. 1992, c. 30.
The hearing opened on November 5, 1996. At that time, the issues for hearing were:
Is Mr. Khanaliev entitled to weekly income benefits pursuant to section 12(5)(b) of the Schedule for any period after November 25, 1995?
Is Mr. Khanaliev entitled to care benefits under section 7 of the Schedule?
Is Mr. Khanaliev entitled to a special award pursuant to section 282(10) of the Insurance Act?
At the opening of the hearing, counsel for Mr. Khanaliev asked for permission to withdraw from the proceedings. Counsel for the Insurer asked that issues of repayment be added to the arbitration. I allowed counsel's application to withdraw and adjourned the matter to December 9, 1996 for Mrs. Khanaliev to obtain new counsel, to address the Insurer's application to add the issue of repayment and to set a new date for hearing.
At the resumption of the hearing on December 9, 1996, Mrs. Khanaliev asked for permission to withdraw her son's application for arbitration. The Insurer did not oppose the Applicant's application to withdraw, however it asked for an order that the Applicant pay it $2,000 which amount represents the assessment fee it paid to the Commission to respond to the Applicant's application for arbitration. I heard no evidence. The matter proceeded by way of submissions. The Insurer said that it paid $2,000 to participate in the proceeding and that an order allowing a withdrawal does not resolve the issues in dispute. Mrs. Khanaliev said that she cannot afford a lawyer and that her son cannot afford to pay the Insurer $2,000.
Under Rule 66.3 of the Dispute Resolution Practice Code an arbitrator may permit an insured to withdraw and may require the insured to pay the insurer an amount not more than the amount the insurer is required to pay the Commission to participate in the hearing, if the adjudicator decides that the withdrawal is an abuse of process.
I heard no evidence or submissions that the withdrawal is an abuse of process. The Applicant is entitled to withdraw his application for arbitration. I make no order requiring the Applicant to pay the Insurer pursuant to Rule 66.3.
Order:
- Mr. Khanaliev is entitled to withdraw his application for arbitration.
December 12, 1996
William J. Renahan Arbitrator
Date