Neutral Citation: 2000 ONFSCDRS 83
FSCO A98-001146
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
OSEI MONNEY
Applicant
and
DOMINION OF CANADA GENERAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before:
Joyce Miller
Heard:
April 12, 2000, at the Offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
Ngozi A. Oti for Mr. Monney
Guy Farrell for Dominion of Canada General Insurance Company
Issues:
The Applicant, Osei Monney, was injured in a motor vehicle accident on January 12, 1998. He applied for and received statutory accident benefits from Dominion of Canada General Insurance Company ("Dominion"), payable under the Schedule.1 Dominion terminated weekly income replacement benefits on April 23, 1998. The parties were unable to resolve their disputes through mediation, and Mr. Monney applied for arbitration at the Financial Services Commission of Ontario (FSCO) under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
A pre-hearing was held on April 1, 1999 and a hearing date was set for November 23, 1999. The hearing did not proceed as Mr. Monney was out of the country. An adjournment was granted and a new hearing date of April 10, 2000 was set. On March 29, 2000, through his counsel, Mr. Monney advised FSCO that he wished to withdraw his Application for Arbitration pursuant to Rule 67 of the Dispute Resolution Practice Code (the "Code").
The issues in this hearing are:
- Is Mr. Monney permitted to withdraw his application for arbitration? If so, under what conditions?
Result:
Mr. Monney's request to withdraw his Application for Arbitration is granted.
Mr. Monney shall pay Dominion its filing fee of $3,000.
Hearing:
Dominion submitted that Mr. Monney has abused the arbitration process. Dominion stated that Mr. Monney had not provided any of the productions requested by Dominion at the pre-hearing on April 1, 1999. These productions were significant and relevant for the arbitration hearing and included Mr. Monney's OHIP summary, the clinical notes and records of his family doctor, his employment records, and his WCB file. Dominion stated that the first arbitration hearing was adjourned because Mr. Monney was out of the country. Dominion submitted that Mr. Monney abused the arbitration process by not responding to its production requests, by not being available for the first hearing date and by withdrawing his Application for Arbitration two weeks before the second hearing. Dominion submitted that it had incurred costs for the preparation of the two arbitrations and while it was not asking for its expenses, it was requesting the return of its $3,000 filing fee.
Mr. Monney did not provide any explanation as to why he was withdrawing his Application for Arbitration. As well, I heard no submissions from Mr. Monney regarding Dominion's request for the return of its filing fee.
Finding:
Mr. Monney is entitled to withdraw his Application for Arbitration. However, I agree with Dominion's submission that Mr. Monney has abused the process. By failing to provide significant and relevant production requests, by forcing an adjournment of the arbitration hearing and then by withdrawing his Application for Arbitration close to the date of the second hearing, without any explanation, Mr. Monney has shown contempt for the process that amounts to abuse. Pursuant to Rule 67.3(c) of the Code, where a party does not agree to the withdrawal, an adjudicator may award the insurer its assessment fee if the adjudicator decides an abuse of process has occurred or the proceeding is frivolous or vexatious.2 Accordingly, I find that Mr. Monney is required to pay Dominion's assessment fee of $3,000 pursuant to subsection 282(11.2) of the Insurance Act.
May 4, 2000
Joyce Miller
Arbitrator
Date
Neutral Citation: 2000 ONFSCDRS 83
FSCO A98-001146
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
OSEI MONNEY
Applicant
and
DOMINION OF CANADA GENERAL INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
This arbitration is dismissed.
Mr. Monney shall pay Dominion its assessment fee of $3,000 pursuant to subsection 282(11.2) of the Insurance Act.
May 4, 2000
Joyce Miller
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule —Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended by Ontario Regulations 462/96, 505/96, 551/96 and 303/98.
- This Rule receives its statutory authority from section 282(11.2) of the Insurance Act.