Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2013 ONFSCDRS 73
Variation P12-00035V
OFFICE OF THE DIRECTOR OF ARBITRATIONS
ARNAND MURTTY
Appellant
and
SECURITY NATIONAL INSURANCE CO./MONNEX INSURANCE MGMT. INC.
Respondent
BEFORE:
Delegate Lawrence Blackman
REPRESENTATIVES:
Mr. Arnand Murtty was self-represented, but was accompanied on May 9, 2013 by Mr. P. Visvalingam, for his assistance
Mr. Patrick C. Ho for the Respondent, Security National Insurance Co./ Monnex Insurance Mgmt. Inc.
HEARING DATE:
April 3 and May 9, 2013
VARIATION ORDER
Under section 284 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
The time for filing the Response to Application for Variation/Revocation is extended from November 12, 2012 to December 6, 2012.
The Applicant’s request for an interim award of benefits is denied.
The Application for Variation/Revocation is rejected on the basis it does not fall within the grounds set out in subsection 284(3) of the Insurance Act and Rule 61.1 of the Dispute Resolution Practice Code upon which such an application may be brought.
The Respondent is entitled to its legal expenses of this proceeding fixed at $1,500, inclusive of HST.
June 13, 2013
Lawrence Blackman Director’s Delegate
Date
REASONS FOR DECISION
I. BACKGROUND
The Applicant, Mr. Arnand Murtty, was injured in a motor vehicle accident on November 17, 1995 and applied to the Respondent, Security National Insurance Co./Monnex Insurance Mgmt. Inc., for statutory accident benefits payable under the Schedule.1
On May 11, 1997, the Respondent terminated payment of the Applicant’s weekly income replacement benefits (“IRBs”). As a result, the Applicant applied for mediation and, then, for arbitration at the Financial Services Commission. In August 1998, while in arbitration, the parties settled the Applicant’s claim for statutory accident benefits for $140,500.
In 1999, the Applicant again applied for mediation at the Commission and then, in October 2000, for arbitration, seeking a disability pension he argued was not part of the settlement agreement. In March 2001, the Applicant advised the Commission he was not proceeding with the arbitration. The Commission subsequently, on consent, closed its file.
In July 2010, the Applicant filed once again for arbitration at the Commission, attaching the September 20, 2000 Report of Mediator. Arbitrator Muzzi (the “Arbitrator”), in her July