Commission des services financiers de l’Ontario

Neutral Citation: 2007 ONFSCDRS 73

FSCO A06-000649

BETWEEN:

PUSPAKALA SELVARAJAH

Applicant

and

PEMBRIDGE INSURANCE COMPANY

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 Ms. Selvarajah

Richard Horst for Pembridge Insurance Company by telephone

Issues:

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

The Applicant, Puspakala Selvarajah, claims to have been injured in a motor vehicle accident on January 7, 2004. She 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 Ms. Selvarajah 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 Ms. Selvarajah 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 an adult person living at her last known address.

At the time and place set for the hearing of this Motion no one appeared for Ms. Selvarajah and after waiting for 15 minutes the matter proceeded in her absence.

Mazin Rooz Mazin claims to have lost contact with Ms. Selvarajah although it is believed that she resides at the address at which service of the Motion material was effected. In a related matter, service of the same material was effected at the same address with personal service upon her husband, Mr. Vairamuthu. 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.

Pembridge takes no position on this Motion.

I am satisfied that Ms. Selvarajah 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 Ms. Selvarajah 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 (4^th^ ed.), that Mazin Rooz Mazin be removed as Ms. Selvarajah's representatives.

April 13, 2007

David Muir Arbitrator

Date

Financial Services Commission of Ontario