Saad v. State Farm Mutual Automobile Insurance Company, 2014 ONFSCDRS 129

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 129

FSCO A13-008001

BETWEEN:

HAWA HASSAN SAAD

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Arbitrator Jeffrey Rogers

Heard: June 25, 2014, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Ms. Katie McBride, solicitor for State Farm Mutual Automobile Insurance Company; Mr. Clifford Singh, for Steinberg & Barber Professional Corporation; No one appearing for Ms. Saad;

Issues:

The issues in this hearing are:

Should Taylor, Steinberg & Barber Professional Corporation be removed from the record as Ms. Saad’s representative?
Should this arbitration be dismissed because Ms. Saad has failed to participate?
Is Ms. Saad liable to pay State Farm’s expenses of the arbitration, and if so, in what amount?

Result:

Taylor, Steinberg & Barber Professional Corporation is removed from the record as Ms. Saad’s representative.
This arbitration is dismissed.
Ms. Saad shall pay State Farm’s expenses of the arbitration in the amount of $1,000.00.

EVIDENCE AND ANALYSIS:

The Applicant, Hawa Hassan Saad, was injured in a motor vehicle accident on September 2, 2010. She applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ Disputes arose regarding her entitlement to further claimed benefits. The parties were unable to resolve their disputes through mediation, and Ms. Saad applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

A pre-hearing discussion was held on May 22, 2014. Ms. Saad did not attend. She was represented at the pre-hearing by Mr. Clifford Singh, a lawyer from Steinberg & Barber Professional Corporation. Mr. Singh advised that he had lost contact with his client. The pre-hearing Arbitrator proceeded with the pre-hearing and set a date for the hearing.

Steinberg & Barber Professional Corporation brought a motion for removal from the record, returnable on the date of the hearing. State Farm did not oppose the motion.

I am satisfied that Ms. Saad was given notice of the hearing and of the motion at her last known address in the records of the Commission. I am satisfied that Ms. Saad has failed to provide her counsel with instructions, justifying removal from the record on the grounds of a breakdown in the solicitor/client relationship. Steinberg & Barber Professional Corporation is therefore removed from the record.

Ms. Saad appears to have lost interest in pursuing this matter and has provided no information upon which it could be determined that the hearing should not proceed in her absence. No evidence having been tendered in support of her claims, this arbitration is dismissed.

EXPENSES:

State Farm sought its expenses of the arbitration. I find that State Farm is entitled to its expenses. I find an award of $1,000.00 to be reasonable, given the nature of the claims and the number of attendances.

August 7, 2014

Jeffrey Rogers Arbitrator

Date