REASONS FOR DECISION

Before: Edward Lee Heard: June 18, 2007, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one appeared for Mr. Sarfraz Robert Bowman for TD General Insurance Company

Issues:

The Applicant, Zeeshan Sarfraz, was injured in a motor vehicle accident on January 11, 2006. He applied for statutory accident benefits from TD General Insurance Company (“TD General”), payable under the Schedule¹. The parties were unable to resolve their disputes through mediation, and Mr. Sarfraz 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 (as replicated from Mr. Sarfraz’s Application for Arbitration Form):

Is Mr. Sarfraz entitled to receive weekly caregiver benefits pursuant to section 13 of the Schedule?
Is Mr. Sarfraz entitled to receive a medical benefit claimed pursuant to section 14 of the Schedule?
Is Mr. Sarfraz entitled to payments for housekeeping and home maintenance services, pursuant to section 22 of the Schedule?
Is Mr. Sarfraz entitled to payments for the cost of examinations, pursuant to section 24 of the Schedule?
Is TD General liable to pay a special award pursuant to subsection 282(10) of the Insurance Act because it unreasonably withheld or delayed payments to Mr. Sarfraz?
Is TD General liable to pay Mr. Sarfraz’s expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mr. Sarfraz liable to pay TD General’s expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Mr. Sarfraz entitled to interest for the overdue payment of benefits pursuant to section 46(2) of the Schedule?

Result:

The Application is dismissed.

EVIDENCE AND ANALYSIS:

Mr. Sarfraz did not appear at his hearing. I am satisfied that notice of this hearing was made to Mr. Sarfraz in accordance with the Dispute Resolution Practice Code.

Mr. Sarfraz bears the burden of proof, and no evidence was adduced in regard to his Application. Accordingly, the Application is dismissed.

EXPENSES:

TD General Insurance Company is awarded $400.00 as expenses.

July 30, 2007

Edward Lee Arbitrator

Date

Financial Services Commission of Ontario

Neutral Citation: 2007 ONFSCDRS 143 FSCO A06-002041

BETWEEN:

ZEESHAN SARFRAZ Applicant

and

TD GENERAL 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 Application is dismissed.
TD General Insurance Company is awarded $400.00 as expenses.