Elizabeth Gomes v. Wawanesa Mutual Insurance Company, 2012 ONFSCDRS 114

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2012 ONFSCDRS 114

FSCO A11-002160

BETWEEN:

ELIZABETH GOMES

Applicant

and

WAWANESA MUTUAL INSURANCE COMPANY

Insurer

REASONS FOR

DECISION ON A MOTION

Before: Richard Feldman

Heard: May 18, 2012, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Marko Djukic for Mazin, Rooz, Mazin

Darrell March for Wawanesa Mutual Insurance Company

Background:

The Applicant, Elizabeth Gomes, claims to have been injured in a motor vehicle accident on January 24, 2010. She applied for statutory accident benefits from Wawanesa Mutual Insurance Company (“Wawanesa”), payable under the Schedule.¹ Disputes arose between the parties concerning the Applicant’s entitlement to certain benefits. The parties were unable to resolve their disputes through mediation, and Ms. Gomes applied for arbitration at the Financial Services Commission of Ontario (“FSCO”) under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The Application for Arbitration was filed on July 8, 2011 on behalf of the Applicant by Gary Mazin, solicitor with the firm of Mazin, Rooz, Mazin. The Insurer filed its response on or about July 15, 2011. The pre-hearing conference in this matter was scheduled to take place on February 22, 2012. At that time, the Applicant failed to attend. Gary Mazin indicated that his firm had been unable to communicate with or obtain instructions from the Applicant for several months and that, unless they were able to rectify the situation, his firm intended to bring a motion to be removed from the record as the Applicant’s legal representatives. Such a motion has now been made by Mazin Rooz Mazin.

This motion was heard by me on May 18, 2012. Notice of this motion was sent to the last known address of the Applicant by regular mail and registered mail by both the moving party and by FSCO. This motion is for an order removing Mazin, Rooz, Mazin as the solicitors of record for the Applicant.

Result:

Mazin, Rooz, Mazin are hereby removed as the solicitors of record for the Applicant.

EVIDENCE AND ANALYSIS:

The Applicant failed to attend the hearing of this motion. The Insurer takes no position with respect to this motion. Based upon the material filed in support of this motion, the oral submissions of Mr. Djukic and the fact that this motion is unopposed by either the Applicant or the Insurer, in accordance with Rule 9.7 of the Dispute Resolution Practice Code, I find it appropriate to grant this motion. I find that there has been a breakdown in the solicitor-client relationship. I announced my decision at the hearing and then permitted Mr. Djukic to withdraw.

July 19, 2012

Richard Feldman

Arbitrator

Date