Commission des services financiers de l’Ontario

Neutral Citation: 2006 ONFSCDRS 36

FSCO A05-000396

BETWEEN:

IBRAHIM ATEF KHASAWNEH

Applicant

and

CERTAS DIRECT INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Edward Lee

Heard: January 13, 2006, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances:

No one appeared for Mr. Khasawneh Ralph D'Angelo for Certas Direct Insurance Company

Issues:

The Applicant, Ibrahim Atef Khasawneh, was injured in a motor vehicle accident on July 5, 2002. He applied for statutory accident benefits from Certas Direct Insurance Company ("Certas"), payable under the Schedule¹ Certas did not pay the benefits claimed by Mr. Khasawneh. The parties were unable to resolve their disputes through mediation, and Mr. Khasawneh 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. Khasawneh entitled to receive a weekly income benefit pursuant to section 4 of the Schedule?
Is Mr. Khasawneh entitled to receive a medical benefit claimed pursuant to section 14 of the Schedule?
Is Mr. Khasawneh entitled to payment for housekeeping and home maintenance services pursuant to section 22 of the Schedule?
Is Mr. Khasawneh entitled to payments for the cost of examinations pursuant to section 24 of the Schedule?
Is Certas liable to pay a special award pursuant to subsection 282(10) of the Insurance Act because it unreasonably withheld or delayed payments to Mr. Khasawneh?
Is Certas liable to pay Mr. Khasawneh's expenses in respect of the arbitration under subsection 282(11) of the Insurance Act?
Is Mr. Khasawneh liable to pay Certas's expenses in respect of the arbitration under subsection 282(11) of the Insurance Act?
Is Mr. Khasawneh entitled to interest for the overdue payment of benefits pursuant to subsection 46(2) of the Schedule?

Result:

All of the issues listed above are answered in the negative.

EVIDENCE AND ANALYSIS:

Mr. Khasawneh did not attend at this hearing. No representative attended on his behalf. Mr. Khasawneh was sent a Notice of Hearing. Previously, two Notices of Pre-hearing discussions had been sent to Mr. Khasawneh. The Notices were not returned by the post office and I find that Mr. Khasawneh did indeed have notice of the pre-hearings and of the hearing. He did not attend at either of the pre-hearing discussions or communicate with the Financial Services Commission of Ontario in regard to the pre-hearing discussions or to this hearing.

No evidence was presented by Mr. Khasawneh in regard to his application. Therefore, Mr. Khasawneh has not met his burden of proof and the application is dismissed in its entirety.

EXPENSES:

Certas did not seek an order in regard to expenses.

March 1, 2006

Edward Lee Arbitrator

Date

Financial Services Commission of Ontario