Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2007 ONFSCDRS 74
FSCO A06-000650
BETWEEN:
SELVARAJAH VAIRAMUTHU
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 Mr. Vairamuthu
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 (4th ed.).
The Applicant, Selvarajah Vairamuthu, 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. Vairamuthu 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. Vairamuthu did not attend, without explanation. Mazin Rooz Mazin served a copy of its Notice of Motion returnable April 13, 2007, personally on Mr. Vairamuthu at his last known address.
At the time and place set for the hearing of this Motion no one appeared for Mr. Vairamuthu and after waiting for 15 minutes the matter proceeded in his absence.
Mazin Rooz Mazin claims to have lost contact with Mr. Vairamuthu 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.
Pembridge takes no position on this Motion.
I am satisfied that Mr. Vairamuthu 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. Vairamuthu 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. Vairamuthu's representatives.
April 13, 2007
David Muir Arbitrator
Date
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2007 ONFSCDRS 74
FSCO A06-000650
BETWEEN:
SELVARAJAH VAIRAMUTHU
Applicant
and
PEMBRIDGE 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:
- Mazin Rooz Mazin is removed as Mr. Vairamuthu's representative pursuant to Rule 9.8 of the Dispute Resolution Practice Code (4th ed.).
April 13, 2007
David Muir Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.