Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 11

FSCO A11-001446

BETWEEN:

EDWIN QUEZADA-BARQUERO

Applicant

and

INTACT INSURANCE COMPANY

Insurer

Before: Edward Lee

Heard: October 4, 2013, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Quezada-Barquero did not attend

Dilraj Sandhu for Intact Insurance Company

Issues:

The Applicant, Edwin Quezada-Barquero, was injured in a motor vehicle accident on September 23, 2009. He applied for statutory accident benefits from Intact Insurance Company (“Intact”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Quezada-Barquero applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issues in this hearing are:

Should this arbitration be dismissed for lack of participation by Mr. Quezada-Barquero?

Result:

The application is dismissed.
Mr. Quezada-Barquero shall pay $1,000.00 as expenses to Intact.

EVIDENCE AND ANALYSIS:

On December 7, 2012, I allowed a motion from Mr. Quezada-Barquero’s former counsel requesting to withdraw from the record as Mr. Quezada-Barquero’s representative, due to a breakdown in communications and an inability to receive instructions from Mr. Quezada.

On May 13, 2013, Intact filed a motion with the Financial Services Commission of Ontario seeking to have Mr. Quezada-Barquero’s application dismissed without a hearing. The motion materials had been properly served on Mr. Quezada-Barquero at his last known address.

Mr. Quezada-Barquero filed no materials in response and has not communicated with the Commission in regard to the motion. To ensure Mr. Quezada-Barquero every opportunity to make representations, submissions or to present evidence in regard to his application, I scheduled a hearing of his application to take place at the offices of the Financial Services Commission in Toronto.

Mr. Quezada-Barquero did not attend on the date of the hearing. Mr. Quezada-Barquero bears the burden of proof at this proceeding, and in the absence of any evidence or submissions from him, I am dismissing the application.

EXPENSES:

Intact sought expenses from Mr. Quezada-Baquero. I am awarding the amount of $1,000.00 as expenses to Intact.

January 21, 2014

Edward Lee

Arbitrator

Date