Arzoo Nakeyar v. State Farm Mutual Automobile Insurance Company, 2014 ONFSCDRS 83

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2014 ONFSCDRS 83

FSCO A12-007453

BETWEEN:

ARZOO NAKEYAR

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Arbitrator Jeffrey Rogers

Heard: May 16, 2014, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Benjamin Tinholt, solicitor for State Farm Mutual Automobile Insurance Company

No one appearing for Ms. Nakeyar

The issues in this hearing are:

Should this arbitration be dismissed because Ms. Nakeyar has failed to participate?
Is Ms. Nakeyar liable to pay State Farm’s expenses of the arbitration, and if so, in what amount?

Result:

This arbitration is dismissed.
Ms. Nakeyar shall pay State Farm its expenses of the arbitration in the amount of $500.

EVIDENCE AND ANALYSIS:

The Applicant, Arzoo Nakeyar, was injured in a motor vehicle accident on June 13, 2010. She applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ State Farm denied her entitlement to some of the benefits she claimed. The parties were unable to resolve their disputes through mediation, and Ms. Nakeyar 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 scheduled to take place on September 25, 2013. The pre-hearing was re-scheduled to December 11, 2013 because Ms. Nakeyar’s representative was unable to contact his client. Ms. Nakeyar did not attend on December 11, 2013. Ms. Nakeyar’s representative attended. He provided a new, updated address for her. He advised that he had still not been able to contact his client. The pre-hearing was again re-scheduled and notice was given at Ms. Nakeyar’s updated address.

The new date for the pre-hearing was February 21, 2014. Ms. Nakeyar again did not attend. Her representative sought an order for removal from the record. The order was granted on the grounds of a breakdown in the solicitor/client relationship. The pre-hearing proceeded in Ms. Nakeyar’s absence and a hearing date was set for May 16, 2014.

Ms. Nakeyar was given notice of the hearing at her last known address. She was informed that the hearing would proceed in her absence if she did not attend. She was informed that, if she did not attend, the arbitration would be dismissed and she would be liable to pay some of State Farm’s expenses of the arbitration.

Ms. Nakeyar did not attend on May 16, 2014. She bears the onus of proving entitlement to the benefits claimed. Since no evidence was presented to support her claims, this arbitration is dismissed.

EXPENSES:

State Farm claimed its expenses of the arbitration in the amount of $500. I find that State Farm is entitled to its expenses, based on its complete success. I find the amount claimed to be reasonable. Ms. Nakeyar shall therefore pay State Farm its expenses of the arbitration in the amount of $500.

May 21, 2014

Jeffrey Rogers Arbitrator

Date