Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2013 ONFSCDRS 144
FSCO A13-002269
BETWEEN:
BLAKE LANGFORD
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Rosemary Muzzi
Heard: November 8, 2013
Appearances: Blake Langford not appearing Faranaz Siganporia, counsel of record for Mr. Langford John D. Dean for State Farm Mutual Automobile Insurance Company
Issues:
This arbitration date was set for the hearing of Blake Langford’s (the applicant’s) accident benefits claims. The applicant was injured in a motor vehicle accident on April 18, 2010 and had applied for and received some statutory accident benefits from State Farm Mutual Automobile Insurance Company (State Farm), payable under the Schedule.1 The parties had been unable to resolve all of their disputes through mediation, and the applicant applied for arbitration at the Commission.
Result:
The application for arbitration is dismissed.
ANALYSIS:
Background:
This date for arbitration had been set at the pre-hearing conducted on August 14, 2013. Mr. Langford failed to appear for that date as well. As a result, the parties could not engage in a fulsome pre-hearing though State Farm was prepared to do so. State Farm asked that at least a hearing date be set.
Mr. Langford had been out of touch with his own counsel for some time. At the pre-hearing counsel advised that their firm had last spoken to Mr. Langford when confirming the date of pre-hearing, many months earlier.
A hearing date was set with the hope that Mr. Langford would appear upon being notified of the new date.
Removal of counsel from record and dismissal of claims
Mr. Langford did not appear for the arbitration hearing. Counsel appeared indicating that several letters to his last known address did not elicit any response from him.2 A personal visit to his last known address did not find him there, and another tenant at the home stated that he was not aware of any resident there by the name of Blake Langford. Counsel asked for an order to be removed from the record given the lack of communication and no meaningful instructions. In these circumstances, I issued an order removing counsel from the record.
With respect to the accident benefits claims themselves, State Farm withdrew its request for repayment of all benefits previously paid. State Farm also asked that the arbitration be dismissed on a without costs basis.
Mr. Langford has never personally appeared at the Commission to pursue his claims. He has never communicated directly with the Commission nor informed the Commission of any change in address or contact information. He has been notified of all proceedings at the Commission. Given his failure to appear at and communicate with the Commission and his failure to provide any instructions for the presentation of his accident benefits claims, I dismiss his application for arbitration as requested by State Farm, and on a without costs basis.
November 14, 2013
Rosemary Muzzi Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2013 ONFSCDRS 144
FSCO A13-002269
BETWEEN:
BLAKE LANGFORD
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:
The application for arbitration is dismissed.
No expenses are awarded to either party.
November 14, 2013
Rosemary Muzzi Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.
- Exhibit 1, three letters