Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 45
FSCO A12-001253
BETWEEN:
RAQUEL BUSTAMANTE-MENJIVAR
Applicant
and
UNIFUND ASSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Anne Sone
Heard: By telephone conference call on November 8, 2013.
Appearances: Ms. Bustamante-Menjivar did not appear and no one appeared on her behalf
Shirline Apiou for Unifund Assurance Company
Issues:
The Applicant, Raquel Bustamante-Menjivar, was involved in a motor vehicle accident on May 31, 2010. She applied for statutory accident benefits from Unifund Assurance Company (“Unifund”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. Bustamante-Menjivar applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The issue in this motion is:
- Should Ms. Bustamante-Menjivar’s Application for Arbitration be dismissed?
Result:
- Ms. Bustamante-Menjivar’s Application for Arbitration is dismissed.
CHRONOLOGY:
- On March 16, 2012, the Commission received Ms. Bustamante-Menjivar’s Application for Arbitration.
- Both parties were consulted about a mutually agreeable pre-hearing date, which was scheduled for November 21, 2012. Ms. Bustamante-Menjivar did not attend the pre-hearing, but her counsel did on her behalf. At that time, he indicated that he had not been able to contact her prior to the pre-hearing.
- At a resumption of pre-hearing on April 5, 2013, I granted Ms. Bustamante-Menjivar’s counsel’s motion for withdrawal from this case, as he still was unable to contact her. Ms. Bustamante-Menjivar did not attend this resumption of pre-hearing.
- A Notice from the Commission dated April 8, 2013 indicated that a further resumption of pre-hearing would take place on May 31, 2013. Unifund also sent a letter to Ms. Bustamante-Menjivar on April 8, 2013 indicating that it would be moving to dismiss this arbitration on May 31, 2013.
- For administrative reasons the resumption of pre-hearing was re-scheduled to November 8, 2013. By letter dated August 12, 2013, I notified Ms. Bustamante-Menjivar that I intended to dismiss her proceeding, should she not attend the motion brought by Unifund on November 8, 2013.
- I also indicated that if she objected to a dismissal of the proceeding, she must provide the grounds upon which she objects. In addition, she was to serve this material upon Unifund, and file it with the Commission within 20 days of the date of the notice, pursuant to Rule 68.3 of the Dispute Resolution Practice Code (Fourth edition, Updated January 2014) (the Code).
- Ms. Bustamante-Menjivar did not respond to my notice.
EVIDENCE AND ANALYSIS:
On November 8, 2013, at 2:00 p.m., I attempted to reach Ms. Bustamante-Menjivar by telephone. The person who answered the telephone stated that he was her father, and that he did not know her whereabouts. After allowing 30 minutes for Ms. Bustamante-Menjivar to contact the Commission, I proceeded with the hearing.
As Ms. Bustamante-Menjivar had not attended three pre-hearing resumptions, Unifund requested that her Application for Arbitration be dismissed.
Pursuant to section 9.1(c) of the Code, parties must provide the Dispute Resolution Group (DRG) with written notice of any change of their address. The DRG is entitled to rely on the last known address contained in its records. Ms. Bustamante-Menjivar did not provide the DRG with any notice of a change in her address.
Ms. Bustamante-Menjivar has been sent numerous notices of this hearing. She has the burden of proving entitlement to the accident benefits she claimed. Since it appears that she has abandoned her Application for Arbitration, I dismiss it.
March 25, 2014
Anne Sone
Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 45
FSCO A12-001253
BETWEEN:
RAQUEL BUSTAMANTE-MENJIVAR
Applicant
and
UNIFUND ASSURANCE 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. Bustamante-Menjivar’s Application for Arbitration is dismissed.
March 25, 2014
Anne Sone
Arbitrator
Date