Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2007 ONFSCDRS 54
FSCO A06-000542
BETWEEN:
LI YOU
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Elizabeth Nastasi
Heard: March 12, 2007, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
No one appeared for Ms. You
Jonathan B. Schrieder for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Li You, was injured in a motor vehicle accident on October 28, 2004. She applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company ("State Farm"), payable under the Schedule.1 State Farm denied housekeeping and attendant care benefits. The parties were unable to resolve their disputes through mediation, and Ms. You applied for arbitration at the Financial Services Commission of Ontario (the "Commission") under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The issues in this hearing are:
Is Ms. You entitled to payments for $1,849.50 for housekeeping and home maintenance expenses for the period from October 29, 2004 to March 17, 2005 pursuant to section 22 of the Schedule?
Is Ms. You entitled to payments for an Attendant Care Benefit in the amount of $534.68 for the period from October 29, 2004 to November 15, 2004 pursuant to section 16 of the Schedule?
Is Ms. You entitled to interest for the overdue payment of all benefits pursuant to section 46(2) of the Schedule?
Is either party entitled to its reasonable expenses of the arbitration, under section 282(11) of the Insurance Act?
Result:
This Application is dismissed.
The Applicant shall pay to State Farm its expenses of this arbitration, fixed in the sum of $750.00.
EVIDENCE AND ANALYSIS:
A review of the Commission's file indicates that the Application for Arbitration was filed by the Applicant with the Commission on March 9, 2006. Ms. Sahereh Baghbani was acting as her representative at that time.
A pre-hearing discussion took place on December 21, 2006. Ms. You did not attend. Ms. Baghbani requested that the Application be withdrawn as she had no instructions from her client and had not been able to contact her for several months. The request was denied. Arbitrator Sampliner did allow Ms. Baghbani to withdraw as Ms. You's representative pursuant to Rule 9.8 of the Dispute Resolution Practice Code (Fourth Edition, Updated — October 2003) (the "Code"). The hearing date was scheduled for March 12, 2007.
On March 12, 2007, the date scheduled for the hearing of this matter, the Applicant failed to attend before the Commission. No one appeared on behalf of Ms. You. Therefore, no evidence was adduced in support of this Application and no submissions were made. Ms. You has not communicated with the Commission or the Insurer since filing her Application for Arbitration in March 2006. It appears that the Applicant has abandoned this Application.
In the absence of any evidence in support of this Application, the Applicant has failed to meet her onus of proof and there is no case to which State Farm need respond. Pursuant to Rule 37.7 of the Code, I proceeded to hear submissions from State Farm. State Farm requested that this Application be dismissed and that State Farm be awarded its expenses of this proceeding. In the circumstances of this case, I find these requests to be reasonable. The Application is dismissed.
EXPENSES:
In consideration of the criteria set out in the Expense Regulation (Section F of the Code), it is clear that the Insurer was completely successful on this arbitration and that the conduct of the Applicant tended to hinder the proceedings. There was nothing particularly novel or complex about this case and there were no written offers of settlement given to me to consider.
The total expenses claimed by State Farm is $750.00. In the circumstances of this case, I find it appropriate to fix the Insurer's expenses in the amount of $750.00.
March 15, 2007
Elizabeth Nastasi Arbitrator
Date
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2007 ONFSCDRS 54
FSCO A06-000542
BETWEEN:
LI YOU
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:
This Application is dismissed.
The Applicant shall pay to State Farm its expenses of this arbitration, fixed in the sum of $750.00 (inclusive of G.S.T.).
March 15, 2007
Elizabeth Nastasi Arbitrator
Date