Tarikul Nakib v. Royal & SunAlliance Insurance Company of Canada, 2014 ONFSCDRS 41

Financial Services Commission des Commission services financiers of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 41

FSCO A12-000422

BETWEEN:

TARIKUL NAKIB

Applicant

and

ROYAL & SUNALLIANCE INSURANCE COMPANY OF CANADA

Insurer

REASONS FOR DECISION

Before: Arbitrator Jeffrey Rogers

Heard: March 4, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Ms. Brittanny Tinslay, solicitor for Royal & SunAlliance Insurance Company of Canada

Issues:

The Applicant, Tarikul Nakib, was injured in a motor vehicle accident on January 23, 2010. He applied for and received statutory accident benefits from Royal & SunAlliance Insurance Company of Canada (“Royal”), payable under the Schedule.¹ Disputes arose regarding his entitlement to further claimed benefits. The parties were unable to resolve their disputes through mediation, and Mr. Nakib applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

A pre-hearing discussion was held on December 17, 2013. Mr. Nakib did not attend. The pre-hearing Arbitrator granted his solicitor’s request to be removed as Mr. Nakib’s representative on the grounds of a breakdown in the solicitor/client relationship. The pre-hearing Arbitrator then set March 4, 2014 as the date for the hearing.

The issues in this hearing are:

Should this arbitration be dismissed?

Result:

This arbitration is dismissed.

EVIDENCE AND ANALYSIS:

Mr. Nakib did not attend the hearing on March 4, 2014. I am satisfied that Mr. Nakib was given notice of the hearing at his last known address contained in the records of the Dispute Resolution Group, as required by Rule 5.7 of the Dispute Resolution Practice Code.

Mr. Nakib has not participated in this proceeding at any stage. The pre-hearing Arbitrator noted that counsel for Mr. Nakib indicated that she had been in touch with Mr. Nakib who informed her that he would not be attending the pre-hearing.

Mr. Nakib bears the onus of proving entitlement to the claimed accident benefits. No evidence having been provided in support of his claims, this arbitration is dismissed.

EXPENSES:

Royal did not pursue its claim for expenses.

March 18, 2014

Jeffrey Rogers Arbitrator

Date