REASONS FOR DECISION

Before: Deborah Pressman Heard: March 24, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Dukaj not appearing Mr. Michael Wentzel for Lofranco Corriero Personal Injury Lawyers (on the Motion to withdraw) Mr. Benjamin Tinholt for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Burim Dukaj, was injured in a motor vehicle accident on May 24, 2010. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ Disputes arose over entitlement to benefits which the parties were unable to resolve through mediation. Mr. Dukaj applied for arbitration at the Financial Services Commission of Ontario (FSCO).² However, despite proper notices, Mr. Dukaj failed to participate in the arbitration process. The firm of Lofranco Corriero Personal Injury Lawyers requested that it be removed from the record as his representative.

The issues in this hearing are:

Should the firm of Lofranco Corriero Personal Injury Lawyers be removed as Mr. Dukaj’s representative in this proceeding?
Should Mr. Dukaj’s Application for Arbitration be dismissed?

Result:

The firm Lofranco Corriero Personal Injury Lawyers is removed as Mr. Dukaj’s representative in this proceeding.
Mr. Dukaj’s Application for Arbitration is dismissed.

EVIDENCE AND ANALYSIS:

For the reasons that follow, Lofranco Corriero Personal Injury Lawyers is permitted to withdraw as Mr. Dukaj’s representative and Mr. Dukaj’s claims are dismissed.

Mr. Dukaj did not appear at the pre-hearing discussion on January 22, 2014. The pre-hearing proceeded in his absence and his counsel advised that he may seek to withdraw as his representative. I scheduled the motion to withdraw and Mr. Dukaj’s arbitration hearing to proceed at the same time on March 7, 2014. Although Mr. Dukaj was advised³ of the consequences of his non-attendance, he did not appear at the motion or the hearing.

Mr. Dukaj has not informed FSCO of any change in address or contact information. I am satisfied that Mr. Dukaj was given notice of this motion and hearing at his last known address, as required by Rule 9.1(c) of the Dispute Resolution Practice Code (Fourth Edition, Updated — August 2011) (DRPC). Pursuant to Rule 37.7 of the DRPC, the motion and arbitration hearing proceeded in his absence.

The withdrawal of Mr. Dukaj’s representative was not contested. I am satisfied that a breakdown in the solicitor- client relationship has occurred. Pursuant to Rule 9.8 of the DRPC, I am permitting the firm of Lofranco Corriero Personal Injury Lawyers to be removed as Mr. Dukaj’s representative in this proceeding, without terms.

With respect to the accident benefits claims, Mr. Dukaj bears the onus of proving entitlement to the claimed benefits. Since he did not appear at the hearing and no evidence was presented to support his claims, this arbitration is dismissed.

May 7, 2014

Deborah Pressman Arbitrator

Date

ARBITRATION ORDER

Neutral Citation: 2014 ONFSCDRS 76 FSCO A13-004027

BETWEEN:

BURIM DUKAJ Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer

Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:

The firm Lofranco Corriero Personal Injury Lawyers is removed as Mr. Dukaj’s representative in this proceeding.
Mr. Dukaj’s Application for Arbitration is dismissed.