Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2006 ONFSCDRS 17
FSCO A02-000182
BETWEEN:
DAVID ZLOCHEVSKY
Applicant
and
ALLSTATE INSURANCE COMPANY OF CANADA
Insurer
MOTION
Before:
Joyce Miller
Heard:
By telephone conference call on November 10, 2005.
Appearances:
Thomas Wolf Zwiebel for Mr. Zlochevsky
Ian D. Kirby for Allstate Insurance Company of Canada
Issues:
The issues in this hearing are:
- Pursuant to Rule 9.8 of the Dispute Resolution Practice Code, should Mr. Zwieble be permitted to withdraw as counsel to Mr. Zlochevsky at the Assessment of Expenses proceeding?
Result:
- Pursuant to Rule 9.8 of the Dispute Resolution Practice Code, Mr. Zwieble is permitted to withdraw, without terms, as counsel to Mr. Zlochevsky.
BACKGROUND
On December 6, 2002 I rendered an arbitration decision wherein I dismissed Mr. Zlochevsky's claim for accident benefits and ordered that he pay Allstate Insurance Company of Canada ("Allstate") its reasonable expenses in the arbitration hearing. Allstate provided Mr. Zlochevsky with its Bill of Costs on December 16, 2002. They were not paid. Accordingly, by letter dated June 2, 2005 to FSCO, with a copy to Mr. Zlochevsky's counsel, Mr. Zwieble, Allstate requested an assessment of these expenses.
Mr. Zwieble was advised by FSCO's Case Administrator that written submissions regarding Allstate's Bill of Costs was required by September 30, 2005 and a reply from Allstate by October 7, 2005. A Notice of Assessment of Expenses was sent on September 6, 2005 to both Mr. Zlochevsky and his counsel.
On October 3, 2005, Mr. Zwieble faxed a letter to the Case Administrator at FSCO advising: "I no longer represent Mr. Zlochevsky and have been unable to reach him to discuss this matter."
A telephone Motion hearing, pursuant to Rule 9.8 of the Dispute Resolution Practice Code, was set for November 10, 2005 to deal with whether Mr. Zwieble could withdraw from the proceeding.
A Notice for the Motion hearing was sent to Mr. Zlochevsky, however, he did not participate.1 A review of FSCO's file shows that the Notice of Hearing was not returned to FSCO and that Mr. Zlochevsky had not provided FSCO with a change of address as is required by the Rules in the Dispute Resolution Practice Code.
At the Motion hearing, Mr. Zwieble requested to be removed as counsel of record. He advised that there had been a breakdown in the relationship between Mr. Zlochevsky and himself. He stated that after the arbitration hearing he had advised Mr. Zlochevsky that he could no longer represent him.
Mr. Zwieble advised that he had had no contact with Mr. Zlochevsky since the arbitration hearing. It was his understanding that Mr. Zlochevsky was no longer at the phone number he had in his records.
Mr. Kirby, counsel for Allstate, advised that Allstate did not have any objection to Mr. Zwieble withdrawing as counsel.
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 Mr. Zwieble is permitted to withdraw as counsel of record, without terms.
January 31, 2006
Joyce Miller
Arbitrator
Date
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2006 ONFSCDRS 17
FSCO A02-000182
BETWEEN:
DAVID ZLOCHEVSKY
Applicant
and
ALLSTATE 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:
- Mr. Zwieble is permitted to withdraw as counsel of record, without terms, in Mr. Zlochevsky's Assessment of Expenses hearing.
January 31, 2006
Joyce Miller
Arbitrator
Date