Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2005 ONFSCDRS 158
FSCO A04-001948
BETWEEN:
MARIAM HUMAD
Applicant
and
MOTOR VEHICLE ACCIDENT CLAIMS FUND
Insurer
REASONS FOR DECISION
Before: Jeffrey Rogers
Heard: October 17, 2005, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
No one appearing for Ms. Humad
Robert W. Kerkmann, solicitor for Motor Vehicle Accident Claims Fund
ANALYSIS:
The Applicant, Mariam Humad, claimed that she was injured in a motor vehicle accident on August 18, 2003. She applied for statutory accident benefits from Motor Vehicle Accident Claims Fund ("MVAC Fund"), payable under the Schedule.1 MVAC Fund denied that she was entitled to benefits. The parties were unable to resolve their dispute through mediation, and Ms. Humad applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
Ms. Humad had a representative when the application was filed and when the pre-hearing took place. She participated in the pre-hearing, when the date for hearing was fixed. On September 29, 2005, her representative was removed from the record, with her consent.
I find that Ms. Humad was given notice of the hearing pursuant to Rules 5.7(b) and 7.1(b) of the Dispute Resolution Practice Code - Fourth Edition and that she was aware of the hearing. She did not attend. No evidence having been tendered to support the application, the application is dismissed.
Result:
- The application is dismissed.
EXPENSES:
Having been entirely successful, MVAC fund is entitled to its expenses. I find no jurisdiction to award the assessment fee, following the repeal of subsection 282 (11.2) of the Insurance Act. I fix the expenses at $1,977.33, comprised of 20 hours of counsel time at the applicable Legal Aid rate of $83.10 and the claimed disbursements of $315.33.
November 7, 2005
Jeffrey Rogers Arbitrator
Date
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2005 ONFSCDRS 158
FSCO A04-001948
BETWEEN:
MARIAM HUMAD
Applicant
and
MOTOR VEHICLE ACCIDENT CLAIMS FUND
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
The application is dismissed.
Mariam Humad shall pay Motor Vehicle Accident Claims Fund its expenses in the amount of $1,977.33.
November 7, 2005
Jeffrey Rogers Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.