Commission des services financiers de l’Ontario

Neutral Citation: 2007 ONFSCDRS 256

FSCO A06-002425

BETWEEN:

MARWIN M. KALAHI

Applicant

and

RBC GENERAL INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: David Muir

Heard: December 17, 2007, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one appeared for Mr. Kalahi James V. Leone for RBC General Insurance Company

Issues:

The Applicant, Marwin M. Kalahi, was injured in a motor vehicle accident on December 22, 2004. He applied for and received statutory accident benefits from RBC General Insurance Company (“RBC”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Kalahi 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 included a claim for cargiving, medical, housekeeping and other medical assessment expenses. Mr. Kalahi also sought a special award on the basis that RBC had allegedly, unreasonably withheld or delayed the payment of a benefit. In addition, the parties each sought their expenses of the arbitration.

Result:

The application for arbitration is dismissed.
Mr. Kalahi shall pay RBC its reasonable expense in this matter in the amount of $1,800.

EVIDENCE AND ANALYSIS:

At the time and place set for the hearing of this matter Mr. Kalahi was not in attendance. His representative having previously been removed from the record was not in attendance.

In accordance with my usual practice, the hearing was delayed for a period of time in the event that Mr. Kalahi was late in arriving. In consideration of the significant snowfall the day prior, the start of the hearing, was delayed for 45 minutes. At 10:50 a.m., I reconvened the hearing.

Mr. Kalahi was not in attendance. I was satisfied that Mr. Kalahi had received proper and timely notice of the hearing and the matter proceeded in his absence.

By way of brief background, Mr. Kalahi appears to have abandoned this arbitration for reasons unknown. After filing the Application for Arbitration he has failed to participate in the process in any meaningful way. His representative lost contact with him and on that basis was removed from the record. If Mr. Kalahi has moved from the last address provided to the Commission he has failed to advise the Commission, RBC or his representative of how he can be reached.

In any event, the hearing proceeded and the arbitration was dismissed, orally, in the absence of any evidence tendered in support of Mr. Kalahi’s claims.

EXPENSES:

RBC sought its reasonable expenses and tendered a Bill of Costs.

I have considered the Bill of Costs and consider it reasonable in all of the circumstances.

Mr. Kalahi shall pay RBC its reasonable expense in this matter in the amount of $1,800.

December 20, 2007

David Muir Arbitrator

Date

Financial Services Commission of Ontario