Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 57
FSCO A12-000108
BETWEEN:
ABDI MALIN
Applicant
and
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Edward Lee
Heard: March 21, 2014, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances: Abdi Malin did not appear
Bita-Mehrin Rajaee for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Abdi Malin, was injured in a motor vehicle accident on April 7, 2010. He 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 Mr. Malin 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:
On December 6, 2013, Mr. Malin’s former representatives, Mazin and Associates Professional Corporation, brought a motion to be removed from the record as representatives for Mr. Malin. Although Mr. Malin did not attend on that date, I was satisfied he had notice of that motion.
I granted the motion and sent a letter to Mr. Malin informing him of that decision. In the same letter, I informed Mr. Malin that a hearing had been scheduled to determine his application. Later, a formal notice of hearing was also sent to Mr. Malin.
On March 21, 2014, Mr. Malin did not attend at his hearing. No evidence was submitted in regard to Mr. Malin’s claim. Mr. Malin’s 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
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 57
FSCO A12-000108
BETWEEN:
ABDI MALIN
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:
- The application is dismissed.
March 31, 2014
Edward Lee
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.