Dennys Eduardo Quezada v. Intact Insurance Company, 2014 ONFSCDRS 12

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 12

FSCO A11-001274

BETWEEN:

DENNYS EDUARDO QUEZADA

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 did not attend

Dilraj Sandhu for Intact Insurance Company

Issues:

The Applicant, Dennys Eduardo Quezada, 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 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?

Result:

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

EVIDENCE AND ANALYSIS:

On December 7, 2012, I allowed a motion from Mr. Quezada’s former counsel requesting to withdraw from the record as Mr. Quezada’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’s application dismissed without a hearing. The motion materials had been properly served on Mr. Quezada at his last known address.

Mr. Quezada filed no materials in response and has not communicated with the Commission in regard to the motion. To ensure Mr. Quezada 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 did not attend on the date of the hearing. Mr. Quezada 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. I am awarding the amount of $1,000.00 as expenses to Intact.

January 21, 2014

Edward Lee

Arbitrator

Date