Farhad Abdul-Fatah v. Republic Western Insurance Company, 2011 ONFSCDRS 23

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 Abdul-Fatah on January 6, 2011 and January 10, 2011 informing him that his counsel had withdrawn from the proceeding and that a hearing date for his application had been set for January 28, 2011.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