Financial Services Commission des Commission services financiers of Ontario de l’Ontario

Neutral Citation: 2015 ONFSCDRS 108

FSCO A12-008096

BETWEEN:

DIEUTAFAIT PIERRE

Applicant

and

BELAIR INSURANCE COMPANY INC.

Insurer

REASONS FOR DECISION

Before: Arbitrator Jeffrey Rogers

Heard: May 15, 2015, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Michael Hochberg, solicitor for Belair Insurance Company Inc. No one appearing for Mr. Pierre

Issues:

Should this arbitration be dismissed because Mr. Pierre has failed to participate in the process?
Is Belair Insurance Company Inc. entitled to its expenses of the arbitration, and if so, in what amount?

Result:

This arbitration is dismissed.
Mr. Pierre shall pay Belair its expenses of the arbitration in the amount of $500.

EVIDENCE AND ANALYSIS:

The Applicant, Dieutafait Pierre, alleges that he was injured in a motor vehicle accident on December 18, 2009. He applied for statutory accident benefits from Belair Insurance Company Inc. (“Belair”), payable under the Schedule.¹ Belair disputed Mr. Pierre’s entitlement to the benefits he claimed on the grounds that he was not injured in an “accident” as defined in the Schedule. The parties were unable to resolve their dispute through mediation, and Mr. Pierre applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

Mr. Pierre has not participated in the process since the application for arbitration was filed. I set a date for the hearing at a resumption of the pre-hearing discussion on February 6, 2015. On that date I wrote to Mr. Pierre informing him that if he did not attend the hearing, this arbitration would likely be dismissed and he may be ordered to pay part of Belair’s expenses incurred in responding to his application. Mr. Pierre has not contacted the Commission. He did not attend the hearing.

I am satisfied that Mr. Pierre was given proper notice of the hearing and find no reason not to proceed in his absence. Mr. Pierre bears the onus of proving entitlement to the accident benefits he claimed. No evidence having been tendered in support of his claims, this arbitration is dismissed.

EXPENSES:

Belair sought its expenses of the arbitration in the amount of $500. I find that Belair is entitled to its expenses, based on its complete success. I find the amount claimed to be reasonable. Mr. Pierre is therefore ordered to pay Belair its expenses of the arbitration in the amount of $500.

May 21, 2015

Jeffrey Rogers Arbitrator

Date

Financial Services Commission of Ontario