REASONS FOR DECISION

Before: Edward Lee Heard: June 4, 2007, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Ms. Zhang did not appear Jonathan Barr for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Yi Zhang, was injured in a motor vehicle accident on October 28, 2004. She applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company ("State Farm"), payable under the Schedule¹. The parties were unable to resolve their disputes through mediation, and Ms. Zhang 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 Ms. Zhang entitled to receive a medical benefit in the amount of $2,197.00 for treatment provided by Optimum Health claimed pursuant to section 14 of the Schedule?
Is Ms. Zhang entitled to attendant care benefits in the amount of $610.00 for the period from October 29, 2004 to November 25, 2004 pursuant to section 16 of the Schedule?
Is Ms. Zhang entitled to payments for housekeeping and home maintenance services in the amount of $2,288.00 for the period from October 29, 2004 to April 28, 2005, pursuant to section 22 of the Schedule?
Is State Farm liable to pay Ms. Zhang's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Ms. Zhang liable to pay State Farm's expenses in respect of the arbitration under section 282(11) of the Insurance Act?
Is Ms. Zhang entitled to interest for the overdue payment of benefits pursuant to section 46(2) of the Schedule?

Result:

The Application is dismissed.

MOTION TO WITHDRAW:

Ms. Baghbani appeared initially on behalf of Ms. Zhang and sought to withdraw from the proceedings. She stated that despite numerous attempts by telephone and in writing, she had been unable to communicate with or to locate her client.

I accepted that Ms. Baghbani had been unable to receive instructions from Ms. Zhang, and I thus permitted Ms. Baghbani to be removed as Ms. Zhang's representative.

EVIDENCE AND ANALYSIS:

Ms. Zhang did not appear at this hearing. I am satisfied that notice of this hearing was served to Ms. Zhang at both the addresses inputted for Ms. Zhang in the Commission's computerized case tracking system. I am satisfied that the Notices were delivered in accordance with sections 5 and 7 of the Dispute Resolution Practice Code (4th Edition, Updated 2003).

Ms Zhang bears the burden of proving her case. No evidence was adduced in regard to her Application, and accordingly, I am dismissing the Application.

EXPENSES:

In accordance with section 75 of the Dispute Resolution Practice Code (4th Edition, Updated October 2003), I am awarding State Farm Mutual Automobile Insurance Company $400.00 in costs and expenses.

July 30, 2007

Edward Lee Arbitrator

Date

Financial Services Commission of Ontario

Neutral Citation: 2007 ONFSCDRS 145 FSCO A06-001839

BETWEEN:

YI ZHANG 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, it is ordered that:

The Application is dismissed.
State Farm Mutual Automobile Insurance Company is awarded expenses of $400.00.