Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2013 ONFSCDRS 143

FSCO A11-003060

BETWEEN:

HUSAM SHBAITA

Applicant

and

BELAIR INSURANCE COMPANY INC.

Insurer

Before: Robert Bujold

Heard: October 25, 2013, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Shbaita did not appear

Gail C. Wong for Belair Insurance Company Inc.

Issue:

The Applicant, Husam Shbaita, claimed to have been injured in a motor vehicle accident on January 15, 2010. He applied for statutory accident benefits from Belair Insurance Company Inc. (“Belair”), payable under the Schedule.¹ Issues arose regarding the Applicant’s entitlement to certain benefits. The parties were unable to resolve their disputes through mediation, and Mr. Shbaita applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issue in this hearing is:

Should Mr. Shbaita’s application for arbitration be dismissed?

Result:

Mr. Shbaita’s application for arbitration is dismissed.
Belair is entitled to its expenses of the arbitration fixed in the amount of $1,500.00.

EVIDENCE AND ANALYSIS:

Background:

Mr. Shbaita failed to attend pre-hearing discussions held on July 9, 2012 and August 22, 2013. Lofranco Scarola Wentzel Legal Services brought a motion, returnable at the August 22, 2013 appointment, for an Order permitting the firm to withdraw as Mr. Shbaita’s representative in this matter. I was satisfied that the firm had met the requirements of Rule 9 of the Dispute Resolution Practice Code, and I found that there had been a serious breakdown in the representative-client relationship. As a result, I permitted Lofranco Scarola Wentzel Legal Services to withdraw as Mr. Shbaita’s representative.

The August 22, 2013 pre-hearing discussion then proceeded in Mr. Shbaita’s absence. The issues were identified as the issues set out in the Application for Arbitration, and a hearing date was scheduled for October 25, 2013. My pre-hearing letter of August 22, 2013 confirmed the date and time of the hearing, and advised the parties as follows:

Belair has been advised not to prepare for a contested hearing on October 25, 2013. In the event that Mr. Shbaita attends on that date, the hearing will not proceed and the appointment will be converted into a resumption of the pre-hearing discussion. However, in the event that Mr. Shbaita does not attend then, as noted above, the hearing may proceed in his absence. Mr. Shbaita’s application for arbitration may be dismissed and Belair’s expenses of the arbitration proceeding may be awarded against him. [emphasis in original]

A Notice of Hearing dated August 22, 2013, confirming the October 25, 2013 hearing, was sent to Mr. Shbaita. The Notice of Hearing was not returned to the Commission as undeliverable.

The Arbitration Hearing:

On October 25, 2013 at 11:00 a.m., Ms. Wong attended at the Commission on behalf of Belair.

By 11:20 a.m., Mr. Shbaita had still not appeared at the offices of the Commission.

Pursuant to Rule 37.7 of the Code, and being satisfied that Mr. Shbaita had been properly served at his last known address with the Notice of Hearing, the arbitration hearing proceeded in his absence.

As Mr. Shbaita did not attend to present any evidence, he failed to establish his entitlement to the benefits claimed. Mr. Shbaita’s claims were therefore dismissed.

EXPENSES:

On hearing the submissions of counsel for Belair and on reviewing its Bill of Costs, I find that Belair is entitled to its expenses of the arbitration which I fix at $1,500.00.

November 13, 2013

Robert Bujold

Arbitrator

Date