Jian Lin Zhao v. State Farm Mutual Automobile Insurance Company, 2015 ONFSCDRS 131

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

Neutral Citation: 2015 ONFSCDRS 131

FSCO A13-005094

BETWEEN:

JIAN LIN ZHAO

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION ON A MOTION

Before: Richard Feldman

Heard: June 12, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Tania Shaheen as agent for Yeung & Associates No one appearing for the Applicant No one appearing for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Jian Lin Zhao, claims to have been injured in a motor vehicle accident on October 9, 2010. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ Disputes arose between the parties concerning the Applicant’s entitlement to certain accident benefits. The parties were unable to resolve their disputes through mediation. Mr. Zhao applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The Applicant failed to attend or otherwise participate in the pre-hearing discussion on April 17, 2014. He also failed to participate in the resumption of the pre-hearing discussion on March 13, 2015.

The Applicant’s legal representatives of record, Yeung & Associates, have taken the position that they have been unable to communicate with or obtain instructions from the Applicant for several years. They have brought this motion to seek permission to withdraw from this proceeding.

The issues on this motion are:

Should Yeung & Associates be permitted to withdraw from this proceeding as the Applicant’s legal representative(s)?

Result:

The motion is granted. Yeung & Associates is permitted to withdraw from this proceeding as the Applicant’s legal representative(s).

EVIDENCE AND ANALYSIS:

Based upon the material filed, I am satisfied that there has been a breakdown in the relationship between the Applicant and Yeung & Associates. The motion material was served by Yeung & Associates upon the Applicant by regular mail sent to his last known residential address on May 19, 2015 (and it is deemed to have been received by the Applicant on May 26, 2015). The Applicant did not respond to this material and did not attend the hearing of this motion.

The Insurer also did not attend the hearing of this motion and I have been advised by Ms. Shaheen that, based upon her conversation with Mr. Yung (counsel for the Insurer), State Farm is taking no position with respect to this motion.

Based upon the material filed , and in the absence of any opposition, I grant this motion.

June 18, 2015

Richard Feldman Date

Arbitrator