Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2006 ONFSCDRS 48
FSCO A04-001617
BETWEEN:
AZAD SARKISSIAN
Applicant
and
PILOT INSURANCE COMPANY
Insurer
PRE-HEARING DECISION
Before: Jeffrey Rogers
Heard: By telephone conference call on March 2, 2006.
Appearances:
Jeremy Magence for Mr. Sarkissian
James M. Brown for Pilot Insurance Company
Issues:
The Applicant, Azad Sarkissian, was injured in a motor vehicle accident on August 10, 2003. He applied for and received statutory accident benefits from Pilot Insurance Company ("Pilot"), payable under the Schedule.1 Disputes about entitlement to further benefits arose. The parties were unable to resolve their disputes through mediation, and Mr. Sarkissian applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The pre-hearing discussion of this case resumed on March 2, 2006.
The issues are:
- Should Mr. Sarkissian's solicitors be removed from the record?
- Should the arbitration be withdrawn, without costs?
Result:
- Mr. Sarkissian's solicitors are removed from the record and the arbitration is withdrawn, without costs.
EVIDENCE AND ANALYSIS:
The pre-hearing discussion of this case resumed on March 2, 2006 to address adding an issue to the arbitration and Mr. Sarkissian's request for an adjournment of the hearing. Mr. Sarkissian, his counsel and counsel for Pilot participated.
During the course of the resumed pre-hearing, counsel for Mr. Sarkissian advised that there had been a breakdown in his relationship with his client and that he was seeking an order removing his firm from the record. Mr. Sarkissian indicated that he consented to the removal. I agreed to make the order upon receipt of written confirmation of Mr. Sarkissian's consent. That confirmation has been received. Mr. Sarkissian also sought an order withdrawing the application, without costs.
Counsel for Pilot consented to both the removal of Mr. Sarkissian's solicitors and the withdrawal of the application and I therefore made those orders.
March 27, 2006
Jeffrey Rogers
Arbitrator
Date
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2006 ONFSCDRS 48
FSCO A04-001617
BETWEEN:
AZAD SARKISSIAN
Applicant
and
PILOT INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
The firm of Bergel & Edson is removed from the record as Mr. Sarkissian's representative.
The application for arbitration is withdrawn, without costs.
March 27, 2006
Jeffrey Rogers
Arbitrator
Date