Marsha Campbell v. Kingsway General Insurance Company, 2002 ONFSCDRS 68

Financial Services Commission of Ontario

Neutral Citation: 2002 ONFSCDRS 68 FSCO A00-001259

Between:

Marsha Campbell Applicant

and

Kingsway General Insurance Company Insurer

Reasons for Decision

Before: William J. Renahan

Heard: October 15, 2001, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Rod Hare and Mark Rowe, agents, for Ms. Campbell Jamie Pollack, Barrister and Solicitor, for Kingsway Gen. Insurance Co.

On January 25, 2002, I issued reasons for a decision in this matter. I described the issues and result as follows:

The issues in this hearing are:

1. Is Ms. Campbell entitled to payment for the cost of medical assessments performed by Profile Evaluations, claimed pursuant to section 24 of the Schedule as follows:

• $1,000 for an in-house assessment dated June 2, 2000;
• $1,400 for a functional assessment and report dated June 4, 2000;
• $900 for an attendant care form 1 report dated June 4, 2000; and
• $900 for what is described in the report of the pre-hearing arbitrator as a "mediation fee adjustment." At the commencement of the hearing, Mr. Hare advised me that Ms. Campbell withdrew this claim.

2. Is either party entitled to expenses of the arbitration?

Result:

I postpone issuing a final order in this matter pending further submissions from the parties on any application to reopen this hearing as outlined in these reasons.

I have not received an application to reopen this hearing.

The Applicant did not present any evidence on entitlement to the cost of examinations claimed under section 24 of the Schedule¹ Accordingly, she failed to meet the burden on her to prove entitlement and the application for arbitration is dismissed.

The parties may make written submissions to me on the issues of entitlement to and amount of expenses of the arbitration proceeding within 45 days of the date of this decision and in accordance with Rules 73 and 77 of the Dispute Resolution Practice Code (Third Edition).

May 14, 2002

William J. Renahan Arbitrator

Date

Arbitration Order

Neutral Citation: 2002 ONFSCDRS 68 FSCO A00-001259

Financial Services Commission of Ontario

Between:

Marsha Campbell Applicant

and

Kingsway General Insurance Company Insurer

Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:

1. The application for arbitration is dismissed.

2. The parties may make written submissions to me on the issues of entitlement to and amount of expenses of the arbitration proceeding within 45 days of the date of this decision and in accordance with Rules 73 and 77 of the Dispute Resolution Practice Code (Third Edition).

May 14, 2002

William J. Renahan Arbitrator

Date

Footnotes

1. 1The Statutory Accident Benefits Schedule - Accidents on or after November 1, 1999, Ontario Regulation 403/96, as amended by Ontario Regulations 462/96, 505/96, 551/96 and 303/98.