Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2011 ONFSCDRS 23
FSCO A09-003060
BETWEEN:
FARHAD ABDUL-FATAH
Applicant
and
REPUBLIC WESTERN INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Edward Lee
Heard: January 28, 2011, at the offices of the Financial Services Commission of Ontario in Toronto
Appearances: Bruce Cook for Republic Western Insurance Company
No one appeared for Mr. Abdul-Fatah
Issues:
The Applicant, Farhad Abdul-Fatah, was injured in a motor vehicle accident on September 11, 2008. He applied for and received statutory accident benefits from Republic Western Insurance Company (“Republic”), payable under the Schedule.1 Republic terminated statutory accident benefits in September 2008. The parties were unable to resolve their disputes through mediation, and Mr. Abdul-Fatah applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
Mr. Abdul-Fatah filed his application for arbitration on December 3, 2009. A pre-hearing discussion was convened on December 1, 2010. Mr. Abdul-Fatah did not attend the pre-hearing discussion. His counsel, Mr. Ian MacDonald from Ipacs Law Office, attended on his behalf. Mr. Bruce Cook represented the Insurer. I was satisfied that Mr. Abdul-Fatah had received notice of the pre-hearing discussion and of a motion filed by Ipacs Law Office to be removed as counsel.
Mr. MacDonald’s motion alleged that Ipacs Law Office had made repeated attempts to communicate with Mr. Abdul-Fatah since early 2010. They have received no response and have been unable to obtain instruction from Mr. Abdul-Fatah. The insurer did not contest the motion.
I was satisfied that Ipacs Law Office had made reasonable attempts to contact and communicate with Mr. Abdul-Fatah and that there had been a complete breakdown in communications between Ipacs Law Office and Mr. Abdul-Fatah. Accordingly, I granted Mr. MacDonald’s motion and permitted Ipacs Law Office to withdraw from the proceeding as counsel for Mr. Abdul-Fatah.
I then scheduled a hearing date to deal with Mr. Abdul-Fatah’s application. Mr. MacDonald provided a last known address for Mr. Abdul-Fatah. I sent letters to Mr. Abdul-Fatah on January 6, 2011 and January 10, 2011 informing him that his counsel had withdrawn from the proceeding and that a hearing date for his application had been set for January 28, 2011. I impressed on Mr. Abdul-Fatah the need for him to contact the Financial Services Commission of Ontario and to confirm his intention to participate in the proceedings to come. I also informed him that his application could be dismissed if he did not attend at the hearing, and that a pre-hearing discussion would be reconvened if he so desired.
Hearing:
On January 28, 2011, I convened a hearing for Mr. Abdul-Fatah at the Offices of the Financial Services Commission of Ontario. Mr. Cook attended by teleconference. Mr. Abdul-Fatah did not attend although he was allowed a half-hour grace period to appear. A telephone call was also made to his last known telephone number by a Case Administrator of the Financial Services Commission of Ontario. There was no response.
Result:
I am satisfied that Mr. Abdul-Fatah had notice of the hearing. Neither he, nor any representative attended on his behalf. Mr. Abdul-Fatah, as applicant, bears the burden of proving any claim he seeks to make. No evidence was presented at this hearing.
The application is dismissed.
March 4, 2011
Edward Lee Date
Arbitrator
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2011 ONFSCDRS 23
FSCO A09-003060
BETWEEN:
FARHAD ABDUL-FATAH
Applicant
and
REPUBLIC WESTERN 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:
- The application is dismissed.
March 4, 2011
Edward Lee Date
Arbitrator
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.