REASONS FOR DECISION

Before: Richard Feldman

Heard: November 6, 2006, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances:

Dilip Thakur for Mr. Butani

Heather Kawaguchi for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Vishal Butani, was injured in a motor vehicle accident on June 23, 2001. He applied for accident benefits from State Farm Mutual Automobile Insurance Company ("State Farm"), payable under the Schedule.¹ Disputes arose between the parties concerning the payment of accident benefits and the parties were unable to resolve their disputes through mediation. Mr. Butani applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended. The issues in this hearing are:

Is Mr. Butani entitled to receive medical benefits in the amount of $370.00 for treatment and other services provided by Dr. Colin Saldanha, pursuant to section 14 of the Schedule?
Is Mr. Butani entitled to receive lost educational expenses ($5,392.00 for tuition and $400.00 for books) claimed pursuant to section 20 of the Schedule?
Is State Farm liable to pay Mr. Butani's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mr. Butani liable to pay State Farm's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mr. Butani entitled to interest for the overdue payment of benefits pursuant to section 46(2) of the Schedule?

This application was heard on November 6, 2006. After the conclusion of the hearing but before I issued any decision with respect thereto, the parties (through their respective representatives) appeared before me and advised me that they had reached a settlement of the issues raised herein. They jointly requested that I issue an order dismissing this application without costs. I indicated that I was prepared to grant their request.

November 21, 2006

Richard Feldman Arbitrator

Date

Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2006 ONFSCDRS 185

FSCO A06-000172

BETWEEN:

VISHAL BUTANI

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

ARBITRATION ORDER

Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, and on consent of the parties, it is ordered that:

This application is dismissed.
No expenses related to this arbitration are awarded to either party.