Barry A. Carruthers v. Royal & SunAlliance Insurance Company of Canada, 2002 ONFSCDRS 87

Financial Services Commission of Ontario

Neutral Citation: 2002 ONFSCDRS 87

FSCO A99-000923

Heard: December 19 and 20, 2000, and August 20, 21 and 22, 2001, in London, Ontario. Written submissions were received on October 12, November 2, 16 and 30, and December 7, 2001.

Appearances: Barbara Quick (December 2000) and Maia L. Bent (August 2001) for Mr. Carruthers Joan Takahashi for Royal & SunAlliance Insurance Company of Canada

Issues:

The Applicant, Barry A. Carruthers, was injured in a motor vehicle accident on November 11, 1996. He applied for statutory accident benefits from Royal & SunAlliance Insurance Company of Canada ("Royal"), payable under the Schedule.¹ Royal has refused to pay benefits on the basis that Mr. Carruthers provided late notice of his intention to claim benefits and a late application for the benefits. The parties were unable to resolve their disputes through mediation, and Mr. Carruthers applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The preliminary issues are:

1. Is Mr. Carruthers precluded from proceeding to arbitration because he has no reasonable explanation for providing late notice of his intention to apply for a benefit, contrary to subsections 31(1) and 32(1) of the Schedule?

2. If the answer to question 1 is No, is Mr. Carruthers precluded from proceeding to arbitration because he has no reasonable explanation for submitting a late application for accident benefits, contrary to subsections 31(1) and 32(3) of the Schedule?

Both parties also seek their expenses of this hearing.

Result:

1. Mr. Carruthers is precluded from proceeding to arbitration because he has no reasonable explanation for providing late notice of his intention to apply for a benefit, contrary to subsections 31(1) and 32(1) of the Schedule.

2. It is not necessary for me to consider question 2.

EVIDENCE AND ANALYSIS: