Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2006 ONFSCDRS 139

FSCO A05-000947

BETWEEN:

JUAN CORZO

Applicant

and

MOTOR VEHICLE ACCIDENT CLAIMS FUND

Insurer

MOTION

Before:

Joyce Miller

Heard:

Written submissions were received by August 11, 2006.

Appearances:

L. Brent Vickar for Mr. Corzo

Lorraine Takacs for Motor Vehicle Accident Claims Fund

Issues:

The issues in this hearing are:

Pursuant to Rule 9.8 of the Dispute Resolution Practice Code,¹ should the firm of Longley / Vickar be permitted to withdraw as solicitors of record for the Applicant, Mr. Corzo in respect of the arbitration proceeding to commence on August 29, 2006?

Result:

Pursuant to Rule 9.8 of the Dispute Resolution Practice Code, the firm of Longley / Vickar is permitted to withdraw as solicitors of record, for the Applicant, Mr. Corzo.

BACKGROUND:

An Arbitration is scheduled to commence on August 29, 2006 in the case of Corzo and Motor Vehicle Accident Claims Fund ("MVAC"). On July 26, 2006, Counsel for Mr. Corzo, Mr. Brent Vickar, requested that his firm be removed as solicitors of record.

Mr. Vickar submits that, Mr. Corzo was referred to him by a paralegal, Gabriel Pignalosa who speaks Spanish, Mr. Corzo's first language. Mr. Vickar advised that both he and Mr. Pignalosa have attempted to contact Mr. Corzo at his last known address without any success. Mail sent to his last known address has not been returned to this office. In addition, attempts were made to reach Mr. Corzo at the last known telephone numbers in Toronto for Mr. Corzo. These too were also unsuccessful.

Mr. Vickar was advised by Mr. Pignalosa that another client of his, acquainted with Mr. Corzo, provided a telephone number, in the State of New Jersey, where it was believed Mr. Corzo might be reached. Several attempts were made to contact Mr. Corzo at this number, without any success.

Mr. Vickar submits that he has no other information, nor any access to any further information as to where Mr. Corzo may be reached. Accordingly, he is requesting that his firm be removed as solicitors of record for Mr. Corzo.

In support of his request Mr. Vickar provided a copy of an order by Master MacLeod, of the Ontario Superior Court of Justice, dated August 2, 2006 wherein Master MacLeod allowed the firm of Longley / Vickar to be removed as solicitors of record for the Plaintiff, Mr. Corzo for the same reasons.

Ms. Lorraine E. Takacs, counsel for MVAC, in a letter of August 11, 2006 advised that MVAC does not object to Mr. Vickar's request to have his firm removed as solicitor of record. However, she requested that an order be made that the hearing be set peremptory to Mr. Corzo and that in the event that he will not attend at the scheduled date MVAC will be seeking to have the matter dismissed.

FINDING:

I am satisfied that there has been a breakdown in the solicitor-client relationship. Accordingly, pursuant to Rule 9.8 of the Dispute Resolution Practice Code, I find that the firm of Longley / Vickar is permitted to withdraw as solicitor of record, without terms.

MVAC's request for a peremptory notice of hearing is not necessary in the circumstances of this case. Mr. Corzo was sent a notice of hearing on January 19, 2006. The record shows that Mr. Corzo has not provided FSCO with a change of address. Nor is there any record of the notice having been returned to FSCO. Accordingly, no further notice to Mr. Corzo with respect to this arbitration hearing on August 29, 2006 is required.

August 18, 2006

Joyce Miller Arbitrator

Date