Sudi v. Intact Insurance Company, 2013 ONFSCDRS 164

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

Neutral Citation: 2013 ONFSCDRS 164

FSCO A11-003333

BETWEEN:

SUDI SUDI

Applicant

and

INTACT INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Arbitrator Jeffrey Rogers

Heard: December 6, 2013, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one appearing for Mr. Sudi Mr. Jonathan Lerman, counsel for Intact Insurance Company

Issues:

The Applicant, Sudi Sudi, was injured in a motor vehicle accident on August 7, 2009. He applied for statutory accident benefits from Intact Insurance Company (“Intact”), payable under the Schedule.¹ Disputes arose regarding his entitlement to certain benefits. The parties were unable to resolve their disputes through mediation, and Mr. Sudi applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

Despite proper notice, Mr. Sudi failed to participate in the arbitration process at any time after the application was filed. The pre-hearing arbitrator decided to proceed in his absence, made an order removing his counsel from the record, and set a date for the hearing. Mr. Sudi did not attend at the hearing.

The issue in this hearing is:

Should this arbitration be dismissed because Mr. Sudi has failed to attend?

Result:

This arbitration is dismissed.

EVIDENCE AND ANALYSIS:

I am satisfied that Mr. Sudi was given notice of the hearing, at his last known address, as required by Rule 5.7 of the Dispute Resolution Practice Code. I am aware of no reason that the hearing should not proceed in his absence.

Mr. Sudi bears the onus of proving entitlement to the claimed accident benefits. Since no evidence was presented to support the claims, this arbitration is dismissed.

EXPENSES:

Intact did not pursue its claim for expenses.

December 17, 2013

Jeffrey Rogers Arbitrator

Date