Neutral Citation: 2004 ONFSCDRS 147

FSCO A03-000664

BETWEEN:

CHRISTINA THOMPSON

Applicant

and

ING INSURANCE COMPANY OF CANADA

Insurer

Before: Jeffrey Rogers

Heard: September 29, 2004 by telephone conference call

Appearances:

Mr. Brett Carr, solicitor for Ms. Thompson

Mr. Talaal Bond, solicitor for ING Insurance Company of Canada

Issues:

The Applicant, Christina Thompson, a minor, was injured in a motor vehicle accident on June 14, 2002. A dispute arose as to her entitlement to statutory accident benefits, payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Ms. Thompson applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

Counsel for the parties negotiated a settlement of the dispute, but the parties were unable toimplement the settlement because there was no suitable person available to represent the minor applicant. Counsel for the applicant requested that the pre-hearing be reconvened to resolve this issue.

At the resumption of the pre-hearing, held on September 29, 2004, counsel consented that the following order be made:

Result:

Counsel for the applicant shall apply to the Court for an order appointing the Office of the Children's Lawyer to represent the applicant in this application.
The application shall be made within two weeks of receipt of this order and no costs will be sought against ING.
ING will waive notice and consent to the order.

September 30, 2004

Jeffrey Rogers Arbitrator

Date