Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2006 ONFSCDRS 109
FSCO A04-000846
BETWEEN:
SHEYDA HEJAZIAN
Applicant
and
ROYAL & SUNALLIANCE INSURANCE COMPANY OF CANADA
Insurer
REASONS FOR DECISION
Before: Jeffrey Rogers
Heard: June 8, 2006, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
No one appearing for Ms. Hejazian
Scott T. Croteau, Solicitor for Royal & SunAlliance Insurance Company of Canada
ANALYSIS:
The Applicant, Sheyda Hejazian, was injured in a motor vehicle accident on July 22, 2003. She applied for and received statutory accident benefits from Royal & SunAlliance Insurance Company of Canada ("Royal"), payable under the Schedule.1 Royal terminated weekly income replacement benefits. Ms. Hejazian disputed the termination. The parties were unable to resolve their dispute through mediation, and Ms. Hejazian applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The hearing in the application was scheduled for June 8, 2006. Counsel for Royal attended. Ms. Hejazian did not attend and no one attended on her behalf. At the time of the hearing, Ms. Hejazian was unrepresented, her solicitors having been removed from the record by order of Arbitrator Blackman on March 27, 2006.
In compliance with Rule 5.7(b) of the Dispute Resolution Practice Code, the Commission delivered the Notice of Hearing to Ms. Hejazian by mailing it to her last address in the records of the Commission. Ms. Hejazian was aware of the date of the hearing. On May 23, 2006 she wrote directing the Commission to "cancel the hearing scheduled for June 8, 2006". Arbitrator Blackman attempted unsuccessfully to contact Ms. Hejazian by telephone to find out whether that meant that she wanted the application dismissed, withdrawn or adjourned. He then faxed her a letter on June 5, 2006 in which he indicated that the hearing would be proceeding and that the likely result of her failure to attend would be dismissal of the application.
Ms. Hejazian nevertheless did not attend the hearing and no one attended on her behalf. No evidence having been tendered to support the application, the application is dismissed.
Result:
- The application is dismissed.
EXPENSES:
Counsel for Royal indicated that he was not seeking expenses. There will therefore be no order as to expenses.
June 23, 2006
Jeffrey Rogers
Arbitrator
Date
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2006 ONFSCDRS 109
FSCO A04-000846
BETWEEN:
SHEYDA HEJAZIAN
Applicant
and
ROYAL & SUNALLIANCE INSURANCE COMPANY OF CANADA
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.
June 23, 2006
Jeffrey Rogers
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.