Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 13

FSCO A12-001880

BETWEEN:

ALFONS RRANXBURGAJ

Applicant

and

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY

Insurer

Before: Edward Lee

Heard: January 20, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Rranxburgaj did not attend

Jonathan Schrieder for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Alfons Rranxburgaj, was injured in a motor vehicle accident on July 21, 2010. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Rranxburgaj 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 application be dismissed for lack of participation?

Result:

This application is dismissed.

EVIDENCE AND ANALYSIS:

This matter had been scheduled for hearing at the pre-hearing discussion on February 21, 2013.

Neither Mr. Rranxburgaj nor anyone purporting to represent him attended at today’s hearing.

Mr. Rranxburgaj bears the burden of proof at this proceeding. In absence of any evidence or representations from Mr. Rranxburgaj, I am dismissing the application.

EXPENSES:

State Farm sought expenses for this proceeding. The parties may file any representations and submissions in this regard to me within thirty days of this decision.

January 21, 2014

Edward Lee

Arbitrator

Date