Gjovalin Brushtulli v. TD General Insurance Company, 2014 ONFSCDRS 196

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 196

FSCO A13-005101

BETWEEN:

GJOVALIN BRUSHTULLI

Applicant

and

TD GENERAL INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Arbitrator Sone

Heard: September 12, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: No one appearing for Mr. Brushtulli

Sara Azghadi for TD General Insurance Company

Issues:

The Applicant, Gjovalin Brushtulli, was injured in a motor vehicle accident on July 31, 2003. His son, Markelin Brushtulli, applied for statutory accident benefits from TD General Insurance Company (“TD General”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Brushtulli 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:

Is Mr. Brushtulli entitled to death benefits in the amount of $35,000?
Is TD General liable to pay Mr. Brushtulli’s expenses in respect of the arbitration?
Is Mr. Brushtulli liable to pay TD General’s expenses in respect of the arbitration?
Is Mr. Brushtulli entitled to interest for the overdue payment of benefits?

Result:

Mr. Brushtulli’s Application for Arbitration is dismissed.

Chronology:

On April 30, 2013, the Commission registered Mr. Brushtulli’s Application for Arbitration.
On April 4, 2014, Mr. Brushtulli’s then legal counsel brought a motion to withdraw its representation of him, which was granted.
Mr. Brushtulli did not attend at a pre-hearing scheduled for June 19, 2014, and no one attended on his behalf.
In a letter dated June 19, 2014, I notified Mr. Brushtulli that his proceeding could be dismissed pursuant to Rule 68 of the Dispute Resolution Practice Code (updated January 2014).
I scheduled a second pre-hearing for September 12, 2014, at 2:00 p.m.
Mr. Brushtulli did not object to the dismissal of this proceeding, as required by Rule 68 of the Code.

EVIDENCE AND ANALYSIS:

On September 12, 2014 at 2:00 p.m., I began the pre-hearing. As Mr. Brushtulli was not present, I adjourned the pre-hearing for thirty minutes. Mr. Brushtulli did not appear and I proceeded with the pre-hearing.

TD General presented its submissions in support of dismissal. I find that Mr. Brushtulli failed to attend a motion and two scheduled pre-hearings, without explanation, despite being provided with notice to his last known address.

I am satisfied that Mr. Brushtulli was given notice of all proceedings in the dispute resolution process as required by the Code. My letter dated June 19, 2014 indicates that the matter could be disposed of in Mr. Brushtulli’s absence. Mr. Brushtulli bears the burden of proving that he is entitled to the accident benefits he claimed. As no evidence was provided to support his claims, the Application for Arbitration is dismissed. I provided TD General with an oral decision at the pre-hearing.

December 19, 2014

Anne Sone

Arbitrator

Date