FINANCIAL SERVICES COMMISSION OF ONTARIO
Neutral Citation: 1999 ONFSCDRS 109
FSCO A98-001129
BETWEEN:
AHMED ZOUBIAN Applicant
and
ZURICH INSURANCE COMPANY Insurer
DECISION ON A PRELIMINARY ISSUE
Before: Beth Allen
Heard: March 11, 1999, in London, Ontario
Appearances: James R. Adams for Mr. Zoubian S. Michael Robertson for Zurich Insurance Company
Submissions: The hearing proceeded by way of oral submissions. Written submissions were received by May 18, 1999.
Issues:
The Applicant, Ahmed Zoubian, was injured in two motor vehicle accidents, the first on October 12, 1990 and the second on July 19, 1991. Zurich Insurance Company ("Zurich") paid him weekly income benefits under section 12 of the Schedule1 at the weekly rate of $512 from October 19, 1990 until the rate was reduced to $340.25 per week effective August 4, 1995 pursuant to subsection 12(4) of the Schedule because Mr. Zoubian began to receive Canada Pension Plan (CPP) disability benefits retroactive to May 1993. Zurich continues to pay weekly income benefits at the rate of $340.25. By Application for Arbitration, date stamped as received by the Commission on August 18, 1998, Mr. Zoubian disputed the amount of his weekly income benefit. Zurich submits that it communicated to Mr. Zoubian its refusal to continue benefits at the higher rate by an Assessment of Claim by Insurer dated August 4, 1995 and hence Mr. Zoubian is precluded from proceeding to arbitration because he filed for arbitration beyond the two-year limitation period provided under subsection 281(5) of the Insurance Act2 (the Act) and subsection 26(1) of the Schedule.
The issues in this preliminary hearing are:
Is Mr. Zoubian precluded from proceeding to arbitration because his application for arbitration was filed beyond the two-year limitation period set out in subsection 281(5) of the Act and subsection 26(1) of the Schedule?
Is Zurich liable to pay a special award under subsection 282(10) of the Act on the basis that it unreasonably withheld or delayed benefit payment?
Is Mr. Zoubian entitled to interest on overdue payments pursuant to section 24 of the Schedule?
Is Mr. Zoubian entitled under [subsection 282(11)](https://www.canlii