Si Jiang v. TD Home and Auto Insurance Company, 2014 ONFSCDRS 197

Financial Services Commission of Ontario

Neutral Citation: 2014 ONFSCDRS 197 FSCO A13-007169

BETWEEN:

SI JIANG Applicant

and

TD HOME AND AUTO INSURANCE COMPANY Insurer

REASONS FOR DECISION

Before: Arbitrator Sone Heard: November 12, 2014, at the offices of the Financial Services Commission of Ontario in Toronto Appearances: Philip (Kai Kwong) Yeung for Ms. Jiang David Van Staalduinen for TD Home and Auto Insurance Company

Issues:

The Applicant, Si Jiang, was injured in a motor vehicle accident on February 26, 2011. She applied for statutory accident benefits from TD Home and Auto Insurance Company (“TD Home”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Ms. Jiang 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:

1. Is Ms. Jiang entitled to receive medical benefits as set out in her Schedule to her Application for Arbitration?
2. Is Ms. Jiang entitled to receive payments for the cost of examinations as set out in her Schedule to her Application for Arbitration?
3. Is TD Home liable to pay Ms. Jiang’s expenses in respect of the arbitration?
4. Is Ms. Jiang liable to pay TD Home’s expenses in respect of the arbitration?
5. Is Ms. Jiang entitled to interest for the overdue payment of benefits?

Result:

1. Ms. Jiang’s Application for Arbitration is dismissed.

Chronology:

• On June 5, 2013, the Commission registered Ms. Jiang’s Application for Arbitration.
• Ms. Jiang did not attend a pre-hearing scheduled for June 3, 2014, and no one attended on her behalf.
• In a letter dated June 4, 2014, I notified Ms. Jiang that her proceeding could be dismissed pursuant to Rule 68 of the Dispute Resolution Practice Code (updated January 2014).
• I scheduled a second pre-hearing for October 31, 2014, at 10:00 a.m.
• Ms. Jiang did not object to the dismissal of this proceeding as required by Rule 68 of the Code.

EVIDENCE AND ANALYSIS:

On October 31, 2014 at 10:00 a.m., I began the pre-hearing. As Ms. Jiang was not present, I adjourned the pre-hearing for 30 minutes. Ms. Jiang did not appear by 10:30 a.m., and I proceeded with the pre-hearing.

TD Home presented its submissions in support of dismissal. I find that Ms. Jiang failed to attend two pre-hearings, without explanation, despite being provided with notice to her counsel and to her last known address.

I am satisfied that Ms. Jiang and her representative were given notice of all proceedings in the dispute resolution process as required by the Code. My letter dated June 4, 2014 indicates that the matter could be disposed of in Ms. Jiang’s absence. Ms. Jiang bears the burden of proving that she is entitled to the accident benefits she claimed. As no evidence was provided to support her claims, the Application for Arbitration is dismissed. I provided TD Home with an oral decision at the pre-hearing.

December 19, 2014

Anne Sone Arbitrator

ARBITRATION ORDER

Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:

1. The Application for Arbitration is dismissed.

December 19, 2014

Anne Sone Arbitrator

Footnotes

1. 1The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.