Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 159
FSCO A13-005280
BETWEEN:
FISSEHA ABRAHAM
Applicant
and
GUARANTEE COMPANY OF NORTH AMERICA
Insurer
REASONS FOR DECISION
Before: Isoken Osunde
Heard: August 8, 2014, at the offices of the Financial Services Commission of Ontario in Toronto
Appearances: No one appearing for Ms. Abraham Graham Macleod for Guarantee Company of North America
Issues:
The Applicant, Fisseha Abraham, was injured in a motor vehicle accident on April 3, 2010. She applied for and received statutory accident benefits from Guarantee Company of North America (“Guarantee”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. Abraham 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 because Ms. Abraham failed to participate?
Is Ms. Abraham liable to pay Guarantee expenses of the arbitration?
Result:
Ms. Abraham’s application for arbitration is dismissed.
There is no order on the issue of expenses. I remain seized of the issue of expenses.
EVIDENCE AND ANALYSIS:
A pre-hearing discussion in this case was held on June 9, 2014. Ms. Abraham did not appear at the pre-hearing.
As Ms. Abraham did not attend the proceeding, Guarantee asked that I schedule the matter for an arbitration hearing. I set the date for August 8, 2014 and a notice was delivered to Ms. Abraham at her last known address.
I am satisfied that Ms. Abraham was given notice of both proceedings. I am persuaded by Guarantee’s submission that Ms. Abraham appears to have lost interest in pursuing this matter.
In accident benefits claims, the onus is on an insured to prove their claim. Ms. Abraham has failed to tender evidence in support of her claim. Therefore, I find it appropriate in the circumstance to dismiss her application for arbitration.
EXPENSES:
Guarantee did not make any submissions on the issue of expenses. Therefore, there is no order on expenses, however I remain seized of this issue.
October 1, 2014
Isoken Osunde Arbitrator
Date
Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 159
FSCO A13-005280
BETWEEN:
FISSEHA ABRAHAM
Applicant
and
GUARANTEE COMPANY OF NORTH AMERICA
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
This arbitration is dismissed.
I remain seized of the issue of expenses.
October 1, 2014
Isoken Osunde Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.