REASONS FOR DECISION

Before: Arbitrator Jeffrey Rogers Heard: August 15, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Tim Crljenica, solicitor for State Farm Mutual Automobile Insurance Company Mr. Brian Leila, licensed paralegal, seeking removal from the record No one appearing for Ms. Adan

Issues:

The issues in this hearing are:

Should Fair Claims Consultants be removed from the record as Ms. Adan’s representative?
Should this arbitration be dismissed because Mr. Adan has failed to participate?
Is State Farm entitled to its expenses of the arbitration, and if so, in what amount?

Result:

Fair Claims Consultants is removed from the record as Ms. Adan’s representative.
This arbitration is dismissed.
Ms. Adan shall pay State Farm its expenses of the arbitration in the amount of $1,336.37.

EVIDENCE AND ANALYSIS:

The Applicant, Barlin Adan, was injured in a motor vehicle accident on October 29, 2009. She applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ State Farm disputes Ms. Adan’s entitlement to further claimed benefits. The parties were unable to resolve their disputes through mediation, and Ms. Adan applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

Pre-hearing discussions were scheduled to be held on May 26, 2014 and June 27, 2014. State Farm’s counsel and its adjuster attended. Mr. Brian Leila, a licenced paralegal from Fair Claims Consultants, represented Ms. Adan. Ms. Adan did not attend. On May 26, 2014 the pre-hearing Arbitrator adjourned the pre-hearing because of Ms. Adan’s non-attendance. On June 27, 2014 Mr. Leila informed the pre-hearing Arbitrator that he was without instructions and that Ms. Adan had indicated that she was going to Somalia, with no fixed date of return. Mr. Leila indicated he would be seeking removal from the record.

The pre-hearing Arbitrator proceeded with the pre-hearing and set August 15, 2004 as the date for the hearing and for a motion for removal. Ms. Adan did not attend on August 15, 2004. Mr. Leila advised that his office was given information that suggests that Ms. Adan remained in Canada when she had earlier indicated that she would be in Somalia.

I am satisfied that Ms. Adan was given notice of the hearing and of the motion for removal at her last known address in the records of the Commission. I am satisfied that there has been a breakdown in the relationship between Fair Claims Consultants and Ms. Adan, justifying removal from the record. Fair Claims Consultants is therefore removed from the record as Ms. Adan’s representative.

Ms. Adan appears to have lost interest in pursuing this arbitration. She bears the onus of proving entitlement to the benefits claimed. Since no evidence was presented at the hearing in support of the claims, this arbitration is dismissed.

EXPENSES:

I find that State Farm is entitled to its expenses of the arbitration, based on its success. I find the amount of $1,336.37 claimed to be reasonable, given the number of appearances.

August 19, 2014

Jeffrey Rogers Arbitrator

Date

Financial Services Commission of Ontario

Neutral Citation: 2014 ONFSCDRS 135 FSCO A13-010507

BETWEEN:

BARLIN ADAN 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:

Fair Claims Consultants is removed from the record as Ms. Adan’s representative.
This arbitration is dismissed.
Ms. Adan shall pay State Farm its expenses of the arbitration in the amount of $1,336.37.