Karlene Silvera v. Royal & SunAlliance Insurance Company of Canada, 2008 ONFSCDRS 111

Financial Services Commission des Commission services financiers of Ontario de l’Ontario

Neutral Citation: 2008 ONFSCDRS 111

FSCO A06-002169

BETWEEN:

KARLENE SILVERA

Applicant

and

ROYAL & SUNALLIANCE INSURANCE COMPANY OF CANADA

Insurer

PRE-HEARING DECISION

Before: David Muir

Heard: Written submissions were received on May 16 and 23 2008

Appearances: No one for Ms. Silvera Janet C. Stevens for Royal & SunAlliance Insurance Company of Canada

Issues:

The Applicant, Karlene Silvera, claims to have been injured in a motor vehicle accident on March 28, 2006. She applied for and received statutory accident benefits from Royal & SunAlliance Insurance Company of Canada (“Royal”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Ms. Silvera 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 are:

Should the arbitration proceeding commenced by Ms Silvera be dismissed pursuant to Rule 68 of the Dispute Resolution Practice Code (4^th ed.).

Result:

The arbitration is dismissed.

EVIDENCE AND ANALYSIS:

Ms. Silvera appears to have lost interest in this arbitration. Subsequent to her filing the arbitration in October 2007, she has failed to participate in it in any meaningful way. She unexpectedly did not appear at the first re-scheduled pre-hearing in September 2007. Ms Silvera did not appear at the resumption of the pre-hearing on January 18, 2008.

Subsequently her representative sought leave to be removed citing a break-down in the relationship based largely on Ms. Silvera’s lack of participation in the arbitration. By Order dated February 6, 2008 I granted leave to the representative to withdraw.

In response to a written request from Royal for an Order dismissing the arbitration pursuant to Rule 68, by letter dated May 21, 2008, I gave Notice to Ms. Silvera of the intention to dismiss the arbitration pursuant to the Rule. I invited submissions from Royal and from Ms Silver. By June 13, 2008, the date for submissions from Ms. Silvera, nothing was received by the Commission.

Although given proper Notice of all these interlocutory steps Ms. Silvera has never appeared or made any other attempt to participate in the arbitration process. Accordingly I have no hesitation to find that the arbitration is or has become frivolous as a result of Ms. Silvera’s failure to participate in any meaningful way in the process.

EXPENSES:

Expenses, quite properly, were not sought by Royal

July 8, 2008

David Muir Arbitrator

Date