William Prince v. Pafco Insurance Company, 2010 ONFSCDRS 57

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

Neutral Citation: 2010 ONFSCDRS 57

FSCO A09-000875

BETWEEN:

WILLIAM PRINCE

Applicant

and

PAFCO INSURANCE COMPANY

Insurer

DECISION ON A MOTION

Before: Arbitrator Denise Ashby

Heard: By telephone conference call on March 5, 2010.

Appearances: Robert Besunder for Mr. Prince Richard Horst for Pafco Insurance Company

Issues:

The Applicant, William Prince, was injured in a motor vehicle accident on December 15, 2007. He applied for and received statutory accident benefits from Pafco Insurance Company (“Pafco”), payable under the Schedule.¹ Pafco denied certain medical benefits and claims for examination expenses. The parties were unable to resolve their disputes through mediation, and Mr. Prince 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:

Should Mr. Prince be permitted to withdraw his Application for Arbitration pursuant to Rule 70 of the Dispute Resolution Practice Code?

Result:

Mr. Prince’s Application for Arbitration is withdrawn and the file shall be closed.

EVIDENCE AND ANALYSIS:

At the resumption of Pre-hearing, held March 5, 2010, Mr. Prince brought a motion to withdraw his Application for Arbitration (Application). He listed the following disputed issues in his Application: payment of treatment provided by Pro Med Rehabilitation Inc. in respect of Treatment Plans dated December 27, 2007, February 21 and August 8, 2008, in the amount of $6,905.21 and payment of the cost of an In-home Assessment conducted by Dr. Nguyen, in the amount of $1,088.16. Each party sought payment of its expenses and Mr. Prince claimed interest on any outstanding benefits. The parties advised that Pafco had paid the service provider and assessor directly, as a consequence there were no issues in dispute. Pafco consented to the motion.

Rule 70.1 (c) of the Dispute Resolution Practice Code provides for an oral request to withdraw all or part of a dispute at a pre-hearing discussion and Rule 70.2 gives an adjudicator discretion to permit the withdrawal where all parties agree. As there are no issues in dispute and the parties consent to the withdrawal, the Application for Arbitration is withdrawn and the file shall be closed.

EXPENSES:

Neither party sought their expenses of the motion.

May 6, 2010

Denise Ashby Arbitrator

Date