Financial Services Commission of Ontario
Neutral Citation: 2014 ONFSCDRS 118 FSCO A13-011927
BETWEEN:
AKHIL AKHIL Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer
REASONS FOR DECISION
Before: Rosemary Muzzi Heard: July 15, 2014, at the offices of the Financial Services Commission of Ontario in Toronto
Appearances: No one appearing for Mr. Akhil Ray Di Gregorio for State Farm Mutual Automobile Insurance Company
Issues:
Akhil Akhil, the Applicant, was injured in a motor vehicle accident on April 26, 2010. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 State Farm denied him those benefits. The parties were unable to resolve their disputes through mediation.
Mr. Akhil applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended but has never appeared before the Commission. State Farm requests that his application for arbitration be dismissed and that it be awarded its expenses.
The issues in this hearing are:
- Should the application for arbitration be dismissed?
- Is State Farm entitled to its expenses?
Result:
- The application for arbitration is dismissed.
- State Farm is entitled to its expenses fixed in the amount of $1,500.00.
EVIDENCE AND ANALYSIS:
Background
This matter came on for pre-hearing on June 10, 2014. Mr. Akhil was not in attendance. Mr. Akhil’s counsel had delivered a written request to the Commission, dated May 23, 2014, asking to withdraw from the record because Mr. Akhil had not responded to any of their correspondence or phone messages. Counsel appeared at the pre-hearing advising that there continued to be no communication from Mr. Akhil. Counsel confirmed Mr. Akhil’s last known address and phone number and reiterated the request to be permitted to withdraw from the record, having no instructions to proceed.
State Farm asked for the matter to proceed and I set an arbitration hearing date for July 15, 2014. The letter notifying Mr. Akhil of these developments indicated that the matter would convert from an arbitration hearing to pre-hearing if he attended on that day.
By letter dated June 12, 2014, I allowed counsel to withdraw from the record.
Dismissal of Applications for Arbitration
The letter notifying Mr. Akhil of the developments in his application for arbitration and the Notice of Hearing were both returned to the Commission by the courier company, unclaimed.
Mr. Akhil did not appear at the arbitration hearing scheduled for July 15, 2014 despite having been properly notified of this date along with all of the other developments in the processing of his application. State Farm requested an order dismissing the application for arbitration on the basis that it appeared that the applicant had abandoned his claims for accident benefits.
Given that Mr. Akhil had never appeared for any of the arbitration proceedings and had not otherwise been in contact with the Commission after the filing of his application for arbitration, I made an order dismissing the application for arbitration.
EXPENSES:
State Farm is entitled to its reasonable expenses in the circumstances and having regard to the Expense Regulation. I fix those expenses at $1,500.00.
July 18, 2014
Rosemary Muzzi Arbitrator
Date
Financial Services Commission of Ontario
Neutral Citation: 2014 ONFSCDRS 118 FSCO A13-011927
BETWEEN:
AKHIL AKHIL 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.
- Mr. Akhil shall pay State Farm is expenses fixed in the amount of $1500.00.
July 18, 2014
Rosemary Muzzi Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.