Neutral Citation: 2005 ONFSCDRS 31
FSCO A03-001849
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
MOHAMED SALIFU
Applicant
and
AMERICAN HOME ASSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Jeffrey Rogers
Heard: February 14, 2005, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
No one appearing for Mr. Salifu
Karen Earl, solicitor for American Home Assurance Company
ANALYSIS
The Applicant, Mohamed Salifu, claimed that he was injured in a motor vehicle accident on June 1, 2003. He applied for statutory accident benefits from American Home Assurance Company ("American"), payable under the Schedule.1 American took the position that Mr. Salifu was not injured in an automobile accident within the meaning of section 2 of the Schedule. The parties were unable to resolve their dispute through mediation, and Mr. Salifu applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
Mr. Salifu had a representative when the application was filed. The representative was removed from the record on June 29, 2004. This was after notice of the pre-hearing had been given, but before the pre-hearing took place. Mr. Salifu did not attend the pre-hearing held on October 25, 2004. The date for hearing was set at that time. Mr. Salifu has not since been in contact with the Commission or with American. He did not attend the hearing.
I am satisfied that Mr. Salifu was given notice of the hearing, both at the address given for him on the application and the address contained in his notice discharging his representative. Mr. Salifu has not notified the Commission of any other address at which he may be served.
No evidence having been tendered to support the application, the application is dismissed.
Result:
The application for arbitration is dismissed.
EXPENSES:
Having been entirely successful, American is entitled to its expenses of the hearing. I find no jurisdiction to award the assessment fee as a disbursement, following the repeal of subsection 282(11.2) of the Insurance Act. I find that the hours claimed for preparation of the response and attending the pre-hearing are not justified. The issues are not complex. I have allowed a total of 3 hours for these items. I find the account to be otherwise reasonable.
The adjusted account is as follows:
Legal Fees for K. Earl 7.1 hrs x $92.34/hr $ 655.61
Legal Fees for R. Borneman (clerk) 7.4 hrs x $23/hr 170.20
Disbursements 1,984.00
$2,809.81
GST 196.69
Total payable by Mohamed Salifu $3,006.50
March 10, 2005
Jeffrey Rogers Arbitrator
Date
Neutral Citation: 2005 ONFSCDRS 31
FSCO A03-001849
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
MOHAMED SALIFU
Applicant
and
AMERICAN HOME ASSURANCE COMPANY
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 for arbitration is dismissed.
Mohamed Salifu shall pay American Home Assurance Company its expenses in the amount of $3,006.50, GST included.
March 10, 2005
Jeffrey Rogers Arbitrator
Date