Neutral Citation: 2004 ONFSCDRS 191
FSCO A03-000798
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
POOJA SHARMA
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
DECISION ON A MOTION
Before:
Jeffrey Rogers
Heard:
December 21, 2004, by written submissions
Appearances:
Justin Mariani for Ms. Sharma
Jonathan Schrieder for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Pooja Sharma, was injured in a motor vehicle accident on February 1, 2001. She applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company ("State Farm"), payable under the Schedule.1 Ms. Sharma applied for arbitration at the Financial Services Commission of Ontario in order to resolve a dispute about her entitlement to statutory accident benefits.
At the pre-hearing discussion held on October 23, 2003, Ms. Sharma agreed to provide State Farm with a copy of her employment file at GGS Plastic Engineering Inc. ("GGS"). To that end, she provided written authorization directing GGS to provide State Farm with a copy of her file from February 1, 2000 to the present. GGS has not responded.
State Farm therefore brought this motion for an order directing GGS to produce a copy of the file and requiring Ms. Sharma and GGS to pay its expenses of the motion.
The issues on the motion are:
Should GGS Plastic Engineering Inc. be ordered to produce a copy of Ms. Sharma's employment file?
Should GGS Plastic Engineering Inc. or Ms. Sharma be ordered to pay State Farm's expenses of the motion?
Result:
- GGS Plastic Engineering Inc. shall produce a copy of Ms. Sharma's employment file.
EVIDENCE AND ANALYSIS:
State Farm filed a motion record on December 10, 2004 and written submissions on December 21, 2004. Written submissions for Ms. Sharma were filed on December 15, 2004. Upon the written submissions and the Statement of Service of the Motion Record dated December 10, 2004, I am satisfied of the following:
The Applicant's employment file, as requested, is reasonably required to ensure a just and fair hearing.
The parties have made reasonable efforts to obtain a copy of the file.
The file is probably in the possession and control of GGS Plastic Engineering Inc.
GGS Plastic Engineering Inc. has had a reasonable opportunity to respond to the request for a copy of the file and was served with the motion record on December 10, 2004, but has failed to respond.
GGS Plastic Engineering Inc. is therefore ordered to produce a copy of the file upon payment by State Farm of the reasonable expense of copying the file.
EXPENSES:
There is no evidence that the applicant is to blame for the failure of GGS to respond to the request for a copy of the file. Therefore, I have not ordered the Applicant to pay State Farm its expenses of this motion.
I am not satisfied that I have jurisdiction to order GGS to pay State Farm's expenses. In any event, I would not exercise my discretion to do so in the circumstances of this case because there is no evidence of the reason that GGS has failed to respond and no evidence upon which it could be inferred that its failure to respond is wilful.
December 22, 2004
Jeffrey Rogers
Arbitrator
Date
Neutral Citation: 2004 ONFSCDRS 191
FSCO A03-000798
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
POOJA SHARMA
Applicant
and
STATE FARM MUTUAL AUTOMOBILE 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:
- GGS Plastic Engineering Inc. shall produce to State Farm Mutual Automobile Insurance Company a copy of Pooja Sharma's employment file from February 1, 2000 to the present, within three days of payment by State Farm of the reasonable cost of copying the file.
December 22, 2004
Jeffrey Rogers
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.