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 (4th 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:
- 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
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.