Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2015 ONFSCDRS 116

FSCO A14-001817

BETWEEN:

NANA BERADZE

Applicant

and

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY

Insurer

Before: Robert Bujold

Heard: May 29, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one appeared for Ms. Beradze

Michael Knez for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Nana Beradze, was injured in a motor vehicle accident on June 24, 2011. She applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ Issues arose regarding Ms. Beradze’s entitlement to certain benefits. The parties were unable to resolve their disputes through mediation, and Ms. Beradze 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 Ms. Beradze’s claims be dismissed?

Result:

Ms. Beradze’s claims are dismissed.
Ms. Beradze shall pay State Farm its expenses of the arbitration in the amount of $1,100.00 inclusive of fees, disbursements and H.S.T.

EVIDENCE AND ANALYSIS:

Background:

Ms. Beradze failed to attend a pre-hearing discussion held on April 2, 2015, although properly served with a Notice of Pre-Hearing Discussion at her last known address. Kanevsky Law Office (“Kanevsky Law”) brought a motion, returnable on the same date, for an Order permitting the firm to withdraw as Ms. Beradze’s representative. Kanevsky Law’s motion and the pre-hearing discussion both proceeded on April 2, 2015.

With regard to the motion, I was satisfied that Kanevsky Law had met the requirements of Rule 9 of the Dispute Resolution Practice Code, and I found that there had been a serious breakdown in the solicitor-client relationship. As a result, I permitted Kanevsky Law to withdraw as Ms. Beradze’s representative.

The pre-hearing discussion then proceeded in Ms. Beradze’s absence. A hearing date was scheduled for May 29, 2015 at 1:00 p.m., and the issues for hearing were identified as the issues set out in the Application for Arbitration.

A Notice of Hearing dated April 3, 2015, confirming the May 29, 2015 hearing, was sent to

Ms. Beradze at her last known address.

The Arbitration Hearing:

Ms. Beradze failed to attend at the offices of the Commission for the hearing scheduled for 1:00 p.m. on May 29, 2015. By 1:30 p.m., Ms. Beradze had still not appeared.

Pursuant to Rule 37.7 of the Code, and being satisfied that Ms. Beradze had been properly served at her last known address with the Notice of Hearing, the arbitration hearing proceeded in

Ms. Beradze’s absence.

As Ms. Beradze did not attend to present any evidence, she failed to establish her entitlement to the benefits claimed. Ms. Beradze’s claims were therefore dismissed.

EXPENSES:

Having reviewed the Bill of Costs submitted by State Farm, I award State Farm its expenses of the arbitration in the amount of $1,100.00 inclusive of fees, disbursement and H.S.T.

June 1, 2015

Robert Bujold

Arbitrator

Date