Financial Services Commission of Ontario
Neutral Citation: 2014 ONFSCDRS 143
FSCO A13-005582 and A13-005583
BETWEEN:
MAHMOUD HAMMOUDA and INTISSAR AYOUB Applicants
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer
REASONS FOR DECISION
Before: Rosemary Muzzi Heard: May 30, 2014
Appearances: No one appearing for Mr. Hammouda and Mrs. Ayoub Mari Maimets for State Farm Mutual Automobile Insurance Company
Issues:
Mahmoud Hammouda and Intissar Ayoub, the Applicants, were allegedly injured in a motor vehicle accident on August 6, 2009. They applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 State Farm denied them certain of those benefits. The parties were unable to resolve their disputes through mediation, and Mr. Hammouda and Mrs. Ayoub applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The Applicants never appeared for any proceeding before the Commission despite having filed applications for arbitration. Consequently, State Farm requested an order dismissing their applications and awarding State Farm its expenses.
The issues in this hearing are:
Should the applications for arbitration in these matters be dismissed?
Should State Farm be awarded its expenses?
Result:
The applications for arbitration are dismissed.
State Farm is entitled to its expenses.
EVIDENCE AND ANALYSIS:
Mr. Hammouda and Mrs. Ayoub have never appeared at the Commission to pursue their accident benefits claims despite having been notified of all proceedings at the Commission. They have never communicated directly with the Commission nor informed the Commission of any change in address or contact information.
Mr. Hammouda and Mrs. Ayoub were represented at the pre-hearing held on March 20, 2014. Counsel for the Applicants advised that he had not had contact with them for over one year and had reason to believe they had left the country. He had no instructions to proceed and indicated he would seek to withdraw from the record. Counsel’s formal written request to withdraw from the record confirmed the couple’s last known address and telephone number. Consequently, by letter dated April 14, 2014, I granted counsel’s request to withdraw from the record.
Mr. Hammouda and Mrs. Ayoub did not appear for this May 30, 2014 hearing date despite having received notice of the proceeding at their last known address.
In the circumstances, I find it appropriate to dismiss these applications for arbitration given the Applicants’ failure to pursue their claims.
EXPENSES:
State Farm requested its expenses and provided me with a breakdown of the legal fees incurred in these matters. State Farm confirmed that there were no disbursement expenses in either case.
Having examined the information provided, I am satisfied that the expenses sought for legal fees are reasonable and appropriate and in accord with the Expense Regulation. Therefore I award expenses to State Farm as follows:
Mr. Hammouda shall pay State Farm its expenses fixed in the amount of $871.12.
Mrs. Ayoub shall pay State Farm its expenses fixed in the amount of $900.81.
September 2, 2014
Rosemary Muzzi Arbitrator
Date
Financial Services Commission of Ontario
Neutral Citation: 2014 ONFSCDRS 143
FSCO A13-005582 and A13-005583
BETWEEN:
MAHMOUD HAMMOUDA AND INTISSAR AYOUB 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 applications for arbitration are dismissed.
Mr. Hammouda shall pay State Farm its expenses fixed in the amount of $871.12.
Mrs. Ayoub shall pay State Farm its expenses fixed in the amount of $900.81
September 2, 2014
Rosemary Muzzi Arbitrator
Date