Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2007 ONFSCDRS 72

FSCO A06-000648

BETWEEN:

SOMASUNDARAM SELLAN

Applicant

and

MOTOR VEHICLE ACCIDENT CLAIMS FUND

Insurer

DECISION ON A MOTION

Before:

David Muir

Heard:

April 13, 2007, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances:

Meenaz Jaffer for Mazin Rooz Mazin

No one for Mr. Sellan

Lorraine Takacs for Motor Vehicle Accident Claims Fund by telephone

Issues:

This is a Motion brought by Mazin Rooz Mazin pursuant to Rules 9 and 67 of the Dispute Resolution Practice Code (4th ed.).

The Applicant, Somasundaram Sellan, claims to have been injured in a motor vehicle accident on January 7, 2004. He applied for and received statutory accident benefits from Pembridge Insurance Company ("Pembridge"), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Sellan applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

Pre-hearings in this case were held on February 6 and March 28, 2007. On both occasions Mr. Sellan did not attend, without explanation. Mazin Rooz Mazin served a copy of its Notice of Motion returnable April 13, 2007 by leaving a copy with Mr. Sellan at his last known address.

At the time and place set for the hearing of this Motion no one appeared for Mr. Sellan and after waiting for 15 minutes the matter proceeded in his absence.

Mazin Rooz Mazin claims to have lost contact with Mr. Sellan although it is believed that he resides at the address at which service of the Motion material was effected. In the circumstances Mazin Rooz Mazin claims that it has been unable to obtain any meaningful instructions and on that basis seeks leave to be removed from the record.

MVAC Fund takes no position on this Motion.

I am satisfied that Mr. Sellan has had Notice of the two pre-hearings as well as this Motion. I am also satisfied based on the affidavit material filed that there has been no contact between Mazin Rooz Mazin and Mr. Sellan for some time and that despite efforts to do so, the firm has been unable to obtain instructions. Accordingly, I Order, pursuant to Rule 9.8 of the Dispute Resolution Practice Code (4th ed.), that Mazin Rooz Mazin be removed as Mr. Sellan's representatives.

April 13, 2007

David Muir Arbitrator

Date