Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2013 ONFSCDRS 110
FSCO A11-001737 and
A11-001738
BETWEEN:
TARUN GROVER and ARCHIT GROVER
Applicants
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Susan Sapin
Heard: March 25, 2013, at the offices of the Financial Services Commission of Ontario in Toronto
Appearances: The Applicants did not appear and no one appeared on their behalf.
Jonathan B. Schrieder for State Farm Mutual Automobile Insurance
Company
The Applicants, Archit and Tarun Grover, were involved in a motor vehicle accident on December 5, 2009. They applied for various statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule,1 certain of which State Farm refused to pay. Mediation failed, and the Applicants applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The Applicants did not demonstrate any interest in pursuing their claims against State Farm since Applications for Arbitration were filed with the Commission on their behalf on May 25, 2011 by their legal counsel, Gary Mazin. Neither Applicant attended the first pre-hearing on February 15, 2012, despite formal notice from the Commission and written confirmation from their legal representative.2
When telephoned at home, Archit Grover was asleep and had to be awakened by the householder who answered the phone. Tarun Grover was not available because he was “writing an exam.”
This pattern repeated itself on the occasion of Ms. Heerschop’s motion to withdraw on February 15, 2013 except that this time, it was Tarun Grover who was asleep at home. Archit Grover was “out of the country.” Tarun Grover agreed with Ms. Heerschop’s submissions and to her withdrawal as representative.
I advised Tarun Grover at that time that on March 25, 2013 – the first day of the four-day arbitration hearing scheduled on consent of the parties at the February 15, 2012 prehearing – I intended to dismiss the arbitration proceedings without a hearing in accordance with Rule 68 of the Dispute Resolution Practice Code, on the basis that the Applicants had evidenced no serious intention of pursuing their claims at any time since filing their Applications for Arbitration, and accordingly had commenced these proceedings in bad faith or, in the alternative, had effectively abandoned their claims.
Formal notice that I intended to dismiss these proceedings without a hearing was sent to Archit and Tarun Grover on February 15, 2013, advising them of their right to object, how to do so, and that if neither they nor any representative attended on their behalf, I would dispose of the case in their absence.
Neither Mr. Grover appearing at the hearing on March 25, 2013, I dismissed their Applications for Arbitration on the basis that the Applicants had failed to take any steps to pursue their claim since filing their Applications for Arbitration, failed to instruct counsel, failed to comply with undertakings and did not demonstrate any interest in these arbitration proceedings. I provided oral reasons with written reasons to follow. These are my reasons.
The Applications for Arbitration of Archit Grover and Tarun Grover are dismissed.
EXPENSES:
State Farm made submissions on expenses, which I have authority to award under ss. 282(11) of the Insurance Act and according to criteria in Ontario Regulation 664, R.R.O 1990. The relevant criteria in this case include a party’s success in the proceedings and the conduct of a party that would prolong the proceedings unnecessarily. Mr. and Mr. Grover’s failure to pursue their claims, instruct their counsel, fulfill undertakings or attend proceedings required State Farm to prepare for and participate in proceedings that would not have been necessary but for the conduct of Mr. and Mr. Grover. For these reasons I awarded State Farm expenses of $1,500, payable forthwith, with $750 to be paid by Mr. Archit Grover and $750 by Mr. Tarun Grover.
A copy of each Order is attached to these reasons.
August 16, 2013
Susan Sapin
Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2013 ONFSCDRS 110
FSCO A11-001738
BETWEEN:
TARUN GROVER
Applicant
and
STATE FARM MUTUAL AUTOMOBILE 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:
Mr. Grover’s Application for Arbitration is dismissed pursuant to Rule 68 of the Dispute Resolution Practice Code, with costs to State Farm Mutual Insurance Company.
Mr. Grover shall pay to State Farm Mutual Insurance Company its costs of $750.00 forthwith.
March 25, 2013
Susan Sapin
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.
- Motion Record filed in support of motion for an Order removing Rooz Law Professional Corporation as solicitors of record for the Applicants, to be heard February 8, 2013. The motion was put over to February 15, 2013 at the request of Amanda Heerschop, legal counsel for the Applicants, to consult with her clients. I heard the motion to withdraw on February 15, 2013, and granted it based on Ms. Heerschop’s submissions and affidavit, filed.