Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2005 ONFSCDRS 156

FSCO A04-002003

BETWEEN:

VAN DANG DOAN

Applicant

and

AVIVA CANADA INC.

Insurer

REASONS FOR DECISION

Before:

Richard Feldman

Heard:

By telephone conference call on October 27, 2005.

Appearances:

Michael J. Gillen

Mr. Van Dang Doan (assisted by his daughter and by a Vietnamese interpreter arranged by the Commission, Ms. Nga Nguyen)

Joseph Griffiths for Aviva Canada Inc.

Issues:

The Applicant, Van Dang Doan, was injured in a motor vehicle accident on September 20, 2002. He applied for and received statutory accident benefits from Aviva Canada Inc. ("Aviva"), payable under the Schedule.¹ Disputes arose between Mr. Doan and Aviva concerning the accident benefits to which Mr. Doan was entitled. The parties were unable to resolve their disputes through mediation, and Mr. Doan applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

On October 27, 2005, I commenced a hearing by telephone conference call to determine a motion brought by Mr. Gillen. During the course of that hearing, Mr. Doan requested that I permit him to withdraw this application without costs. On behalf of Aviva, Mr. Griffiths consented to this request. Therefore, pursuant to Rules 70.1(c) and 70.2 of the Commission's Dispute Resolution Practice Code (4^th Edition, Updated October 2003), I indicated that I would grant Mr. Doan's request and permit him to withdraw this application, without costs.

November 3, 2005

Richard Feldman

Arbitrator

Date

Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2005 ONFSCDRS 156

FSCO A04-002003

BETWEEN:

VAN DANG DOAN

Applicant

and

AVIVA CANADA INC.

Insurer

ARBITRATION ORDER

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

1. On the consent of Aviva Canada Inc., the Applicant's request to withdraw his Application, on a without costs basis, is hereby granted.

November 3, 2005

Richard Feldman

Arbitrator

Date

Footnotes

1. 1The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.