Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2014 ONFSCDRS 20
Appeal P13-00022
OFFICE OF THE DIRECTOR OF ARBITRATIONS
SOZAN HURMZ Appellant
and
WAWANESA MUTUAL INSURANCE COMPANY Respondent
BEFORE: Delegate Lawrence Blackman
REPRESENTATIVES: Mr. Kevin Wolf and Ms. Marla Pecchia for the Appellant, Ms. Sozan Hurmz Mr. Darrell P. March for the Respondent, Wawanesa Mutual Insurance Company
HEARING DATE: January 17, 2014
APPEAL ORDER
Under section 283 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
This appeal is rejected and the Arbitrator’s July 4, 2013 decision is confirmed.
If the parties cannot agree on the legal expenses of this appeal, an expense hearing shall be requested, as set out below, within sixty days of this decision.
February 11, 2014
Lawrence Blackman Director’s Delegate
Date
REASONS FOR DECISION
I. NATURE OF THE APPEAL AND BACKGROUND
As a result of injuries sustained in a November 4, 2009 motor vehicle accident, the Appellant, Ms. Sozan Hurmz, applied to her first-party automobile insurer, the Respondent Wawanesa Mutual Insurance Company, for statutory accident benefits payable under the Schedule.1
In his July 4,