Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 202
FSCO A14-001303
BETWEEN:
WAYNE-ANN CAMPBELL
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
DECISION ON A MOTION
Before: Susan Sapin
Heard: December 22, 2014, at the offices of the Financial Services Commission of Ontario in Toronto
Appearances: Richard Lebkowski for Ms. Campbell Christopher Schnarr for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Wayne-Ann Campbell, was injured in a motor vehicle accident on April 12, 2011. She applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 State Farm terminated benefits. Ms. Campbell claimed a non-earner benefit, which State Farm declined to pay. The parties were unable to resolve their disputes through mediation, and Ms. Campbell applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
Mr. Lebkowski’s Motion to withdraw from the proceeding:
Ms. Campbell did not attend the pre-hearing held on June 30, 2014, as she could not be located.
Mr. Lebkowski filed a Motion with the Commission to be removed as representative of record under Rule 9.7 of the Dispute Resolution Practice Code. The Motion Record filed sets out the numerous unsuccessful attempts Mr. Lebkowski and members of his firm made to contact Ms. Campbell by telephone and in writing to the address she provided to him and to the Commission. I note that correspondence from the Commission to Ms. Campbell at that same address was returned to the Commission by Canada Post as ‘moved/unknown.’
I am satisfied that every effort has been made by Mr. Lebkowski and the Commission to communicate with Ms. Campbell, to no avail, and accordingly Mr. Lebkowski is permitted to withdraw as her representative, and I have issued an order to that effect. State Farm took no position on this matter.
Ms. Campbell’s Application for Arbitration is dismissed with costs:
As Ms. Campbell did not attend the hearing despite notice to her at the address she provided to the Commission, and no evidence in support of her clam for a non-earner benefit was submitted on her behalf. On that basis, her Application for Arbitration is dismissed, with costs of $500 payable to State Farm. State Farm paid the required $3,000 fee to defend against Ms. Campbell’s application, and incurred legal fees to prepare for and attend both the pre-hearing and the hearing.
December 23, 2014
Susan Sapin Arbitrator
Date
Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 202
FSCO A14-001303
BETWEEN:
WAYNE-ANN CAMPBELL
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
Ms. Campbell’s Application for Arbitration is dismissed.
Ms. Campbell shall pay to State Farm its costs of $500 thrown away.
December 23, 2014
Susan Sapin Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.