Abdirizzak Hassan Ismail v. State Farm Mutual Automobile Insurance Company, 2011 ONFSCDRS 34

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

Neutral Citation: 2011 ONFSCDRS 34

FSCO A10-001330

BETWEEN:

ABDIRIZZAK HASSAN ISMAIL

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Arbitrator Denise Ashby

Heard: Written submissions were received on March 23, 2011.

Appearances: Dev Misir for Mr. Ismail Matt Duffy for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Abdirizzak Hassan Ismail, was involved in an incident on April 1, 2007. He applied for and was denied statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Ismail 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. Ismail be permitted to withdraw his Application for Arbitration pursuant to Rule 70 of the Dispute Resolution Practice Code?

Result:

Mr. Ismail’s Application for Arbitration is withdrawn.

EVIDENCE AND ANALYSIS:

On March 21, 2011, Mr. Ismail wrote to State Farm seeking its consent to the withdrawal of his Application for Arbitration. A copy of the letter was provided to the Commission.

On March 23, 2011, State Farm consented to the withdrawal of the Application.

Rule 70.1 of the Dispute Resolution Practice Code (DRPC) provides:

A party may seek permission to withdraw all or part of a dispute by:

(a) Serving a request to withdraw on all parties; and

(b) Filing the request to withdraw together with a Statement of Service in FORM F; or

(c) Making an oral request to withdraw all or part of a dispute during a neutral evaluation, pre-hearing discussion, settlement discussion, preliminary conference or at a hearing.

Rule 70.2 gives an adjudicator discretion to permit a party to withdraw all or part of a dispute where all parties agree.

Mr. Ismail did not file a Statement of Service in FORM F. However, as State Farm consented to Mr. Ismail’s request to withdraw, I am exercising my discretion pursuant to Rule 81.1(a) and dispensing with this requirement.

I am satisfied that permitting Mr. Ismail to withdraw his Application for Arbitration is consistent with the Commission’s mandate to facilitate the most just and expeditious resolution of this dispute. Therefore, I am granting Mr. Ismail’s request to withdraw his Application for Arbitration pursuant to Rule 70 of the DRPC.

April 1, 2011

Denise Ashby Arbitrator

Date