Lauren Canillas v. State Farm Mutual Automobile Insurance Company, 2014 ONFSCDRS 54

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 54

FSCO A13-003427

BETWEEN:

LAUREN CANILLAS

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Edward Lee

Heard: February 28, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Ms. Canillas did not attend

Patricia Horak for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Lauren Canillas, was injured in a motor vehicle accident on July 12, 2011. She applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ State Farm terminated or did not pay some or all of these benefits. The parties were unable to resolve their disputes through mediation, and Ms. Canillas applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issues in this hearing are:

Should this application be dismissed?

Result:

The application is dismissed.

EVIDENCE AND ANALYSIS:

This hearing was scheduled at a resumption of Ms. Canillas’ pre-hearing discussion that took place on December 4, 2013. Ms. Canillas did not attend at that resumption. On December 4, 2013, I sent a letter to Ms. Canillas informing her that a hearing date had been scheduled for her. Later, a formal notice of hearing was also sent to Ms. Canillas.

Ms. Canillas did not attend at her hearing. I am satisfied that she received notice of the hearing.

No evidence was submitted in regard to Ms. Canillas’ claim. Therefore, Ms. Canillas’ application is dismissed.

EXPENSES:

The parties may provide me with any submissions or evidence in regard to expenses within thirty days of this decision.

March 31, 2014

Edward Lee Arbitrator

Date