Iryna Boyko v. State Farm Mutual Automobile Insurance Company, 2014 ONFSCDRS 188

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 188

FSCO A13-006819

BETWEEN:

IRYNA BOYKO

Applicant

and

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Isoken Osunde

Heard: October 10, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Justin Mariani for Ms. Boyko

Katie Quilan for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Iryna Boyko, was injured in a motor vehicle accident on January 9, 2011. She applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ A dispute arose between the parties. The parties were unable to resolve their dispute through mediation, and Ms. Boyko 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 Global Accident Legal Services Professional Corporation be removed from the record as Ms. Boyko’s representatives?
Should this arbitration be dismissed because Ms Boyko failed to participate?
Is Ms. Boyko liable to pay State Farm’s expenses of the Arbitration?

Result:

Global Accident Legal Services Professional Corporation is removed from the record as Ms. Boyko’s representatives.
This 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 was held in this case on June 17, 2014. Ms. Boyko did not appear at the pre–hearing and the pre–hearing proceeded in her absence. The Arbitration hearing was scheduled to proceed on October 10, 2014.

On October 10, 2014, Ms Boyko did not appear at the hearing. Mr Mariani brought a motion for Global Accident Legal Services Professional Corporation to be removed from the record as Ms. Boyko’s representatives. State Farm did not oppose this motion. I heard his motion at the commencement of the hearing on October 10.

I am satisfied that Ms Boyko was properly notified of all the proceedings. I am also satisfied that Ms. Boyko was properly served with Mr Mariani’s motion record. Therefore, Global Accident Legal Services Professional Corporation is permitted to withdraw from the proceeding.

By failing to attend all the proceedings despite the fact that Ms. Boyko was properly notified, I am persuaded by State Farm’s submission that Ms. Boyko has failed to prove her claim.

Therefore, I find it appropriate in the circumstance to dismiss Ms Boyko’s application for arbitration.

EXPENSES:

State Farm did not make any submissions on the issue of expenses. Therefore, there is no order on expenses, however I remain seized of this issue.

December 15, 2014

Isoken Osunde

Arbitrator

Date