Sandrasegaram Uthayachandran v. Personal Insurance Company of Canada, 2010 ONFSCDRS 114

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

Neutral Citation: 2010 ONFSCDRS 114

FSCO A09-002044

BETWEEN:

SANDRASEGARAM UTHAYACHANDRAN

Applicant

and

PERSONAL INSURANCE COMPANY OF CANADA

Insurer

REASONS FOR DECISION

Before: Fred Sampliner

Heard: August 20, 2010, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one for Mr. Uthayachandran No one for Personal Insurance Company of Canada

Issues:

The Applicant, Sandrasegaram Uthayachandran, claimed he was injured in a motor vehicle accident on August 12, 2007. His claims for statutory accident benefits from Personal Insurance Company of Canada (“Personal”), payable under the Schedule¹, were denied. The parties did not resolve these claims through mediation, and Mr. Uthayachandran 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 in this hearing are:

Is Mr. Uthayachandran entitled to $300 per week caregiver benefits under section 13 of the Schedule from August 13, 2007, $1,034.85 for assistive devices under section 14 of the Schedule, $100 per week housekeeping/home maintenance services under section 22 of the Schedule from August 13, 2007, $8,163.04 for six examinations under section 24 of the Schedule, interest on any overdue amounts under section 46 of the Schedule and his expenses of the arbitration under subsection 282(11) of the Insurance Act?
Is Personal entitled to its expenses of the arbitration under subsection 282(11) of the Insurance Act?

Result:

Mr. Uthayachandran is not entitled to any of his claims.
Personal is not entitled to its claim for its expenses.

EVIDENCE AND ANALYSIS:

A written Notice of Hearing announcing the commencement of the hearing at 10:00 a.m. on September 20 2010 was delivered to both parties and their representatives shortly after the July 2, 2010 pre-hearing. The parties did not appear at the commencement of hearing or contact the Financial Services Commission of Ontario asking for an adjournment. I find that Mr. Uthayachandran and Personal were provided with written notice of the hearing and an opportunity to be heard.

The parties did not submit evidence to support their respective claim(s). Therefore, I find that both parties are not entitled to any portion of their claims in this arbitration, and dismiss the claims of Mr. Uthatyachandran under sections 13, 14, 22 and 24 of the Schedule together with each party’s claim for their expenses of the arbitration under the Insurance Act.

September 22, 2010

Fred Sampliner Date Arbitrator