Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2007 ONFSCDRS 259
FSCO A06-002181
BETWEEN:
PARAMJIT SINGH
Applicant
and
ALLSTATE INSURANCE COMPANY OF CANADA
Insurer
REASONS FOR DECISION
Before: William J. Renahan
Heard: November 26, 2007, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances: Mark L.J. Edwards for Allstate Insurance Company of Canada
Issues:
The Applicant, Paramjit Singh, was injured in a motor vehicle accident on November 17, 2004. He applied for and received statutory accident benefits from Allstate Insurance Company of Canada, payable under the Schedule.1 Allstate terminated weekly caregiver and housekeeping benefits. The parties were unable to resolve their disputes through mediation, and Mr. Singh 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. Singh entitled to caregiver benefits, pursuant to section 13 of the Schedule, from February 17, 2005 to November 17, 2006?
Is Mr. Singh entitled to $5,482.44 pursuant to section 14 of the Schedule for medical and rehabilitation services provided by Natural Touch Rehabilitation and $142 for transportation to treatment?
Is Mr. Singh entitled to housekeeping benefits, pursuant to section 22 of the Schedule, from January 21, 2005 to November 17, 2006?
Is either party entitled to its expenses of the arbitration proceeding pursuant to section 282(10) of the Insurance Act?
Result:
- On consent, I grant the parties permission to withdraw the issues in dispute.
EVIDENCE AND ANALYSIS:
Mr. Edwards advised me that Mr. Singh was represented by Mr. Joseph Caprara and that the parties resolved all issues, except the issue of entitlement to expenses, with the assistance of an arbitrator, during a teleconference instituted by the Commission on November 16, 2007. Mr. Edwards advised me that a term of the settlement was that, except for expenses, Mr. Singh withdrew his claims.
Rule 70 of the Dispute Resolution Practice Code (Updated October 2003) allows the parties to seek permission from an arbitrator to withdraw all or part of a dispute. I accept Mr. Edwards’ submission that the parties consented to the withdrawal of Mr. Singh’s dispute, except expenses, and I permit Mr. Singh to withdraw those disputes.
After a recess during this hearing, Mr. Edwards advised me, that he and Mr. Caprara had resolved the issue of entitlement to and amount of expenses of this proceeding and that each party consented to the withdrawal of the issue of entitlement to expenses. I permit the parties to withdraw this issue.
December 21, 2007
William J. Renahan Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2007 ONFSCDRS 259
FSCO A06-002181
BETWEEN:
PARAMJIT SINGH
Applicant
and
ALLSTATE INSURANCE COMPANY OF CANADA
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- Permission is granted for the parties to withdraw the issues in dispute of this arbitration proceeding.
December 21, 2007
William J. Renahan Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.