REASONS FOR DECISION

Before:

Lorne Slotnick

Heard:

April 25, 2005, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances:

Peter B. Cozzi for Mr. Lamarre

Cara Boddy for Pilot Insurance Company

Issues:

The Applicant, Elivert (Mark) Lamarre, was injured in a motor vehicle accident on December 28, 2001. He applied for statutory accident benefits from Pilot Insurance Company ("Pilot"), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Lamarre applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

Mr. Lamarre failed to appear at the hearing on April 25, 2005. In a decision dated May 9, 2005, I stayed the proceeding in order to give Mr. Lamarre until July 31 to provide some explanation for his failure to attend. The Commission has received no correspondence from Mr. Lamarre or his counsel, and a copy of my May 9 decision that was couriered to Mr. Lamarre's last known address, in Florida, was returned, marked "No Longer Here."

In the circumstances, I order the application dismissed, and I make no order regarding expenses.

August 15, 2005

Lorne Slotnick Arbitrator

Date

Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2005 ONFSCDRS 113

FSCO A04-001283

BETWEEN:

ELIVERT MARK LAMARRE

Applicant

and

PILOT 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:

Mr. Lamarre’s application is dismissed.