Financial Services Commission of Ontario
Neutral Citation: 2014 ONFSCDRS 39 FSCO A13-005237
BETWEEN:
SAHAR KAMRAVA Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer
REASONS FOR DECISION
Before: Deborah Pressman Heard: By telephone conference call on March 7, 2014.
Appearances: Ms. Kamrava did not particpate Kathleen Mertes for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Sahar Kamrava, was allegedly injured in a motor vehicle accident on April 23, 2010. She applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. Kamrava applied for arbitration.2 Despite proper notices, Ms. Kamrava failed to participate in the arbitration process at the Financial Services Commission of Ontario (FSCO).
The issue in this hearing is:
- Should Ms. Kamrava’s Application for Arbitration be dismissed?
Result:
- Ms. Kamrava’s Application for Arbitration is dismissed.
EVIDENCE AND ANALYSIS:
Despite proper notices, Ms. Kamrava failed to participate in the arbitration process. Ms. Kamrava did not appear at the pre-hearing discussion on December 12, 2013. As a result, the arbitrator scheduled a motion to dismiss this proceeding for March 7, 2014, by teleconference. I am satisfied that Ms. Kamrava was advised that failure to attend may result in a dismissal of her application for arbitration both by the arbitrator’s letter dated December 12, 2013 and Notice of Motion dated February 12, 2014.
Ms. Kamrava did not participate at the motion. Ms. Kamrava has not informed FSCO of any change in address or other contact information. I called both of her phone numbers on file and left voice mails requesting a call back as soon as possible warning her of the consequences of non-participation. After waiting for 30 minutes, I proceeded with the motion. Since she did not appear at the motion, her arbitration is dismissed.
March 7, 2014
Deborah Pressman Arbitrator
Date
Financial Services Commission of Ontario
Neutral Citation: 2014 ONFSCDRS 39 FSCO A13-005237
BETWEEN:
SAHAR KAMRAVA 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. Kamrava’s Application for Arbitration is dismissed.
March 7, 2014
Deborah Pressman Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.
- Under the Insurance Act, R.S.O. 1990, c.I.8, as amended.