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
REASONS FOR DECISION
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
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
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
The application is dismissed.
Mr. Quezada-Barquero shall pay $1,000.00 as expenses to Intact.
January 21, 2014
Edward Lee
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.