Stephanie Smith v. Dominion of Canada General Insurance Company, 2015 ONFSCDRS 141

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

Neutral Citation: 2015 ONFSCDRS 141

FSCO A14-004873

BETWEEN:

STEPHANIE SMITH

Applicant

and

DOMINION OF CANADA GENERAL INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Isoken Osunde

Heard: May 26, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one appearing for Ms. Smith

Timothy Crljenica for Dominion of Canada General Insurance Company

Issues:

The Applicant, Stephanie Smith, was injured in a motor vehicle accident on February 19, 2011. She applied for and received statutory accident benefits from Dominion of Canada General Insurance Company (“Dominion”), payable under the Schedule.¹ A dispute arose between the parties which they were unable to resolve through mediation, and Ms. Smith 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. Smith’s Application for Arbitration be dismissed?
Is Dominion entitled to expenses?

Result:

Ms. Smith’s Application for Arbitration is dismissed?
Ms. Smith shall pay the sum of $500.00 fixed in expenses to Dominion.

EVIDENCE AND ANALYSIS:

For the reasons that follow, I find that Ms. Smith’s Application for Arbitration is dismissed.

Ms. Smith did not attend the pre – hearing of March 30, 2015. The pre – hearing proceeded in her absence and the Arbitration hearing was scheduled to proceed on May 1, 2015.

On May 1, 2015, Ms. Smith’s counsel brought a motion to be taken off the record as Ms. Smith’s representative. Dominion made no objection to this motion. Being satisfied that there had been a breakdown in solicitor client relationship, I granted permission to Ms. Smith’s counsel to be taken off the record as Ms. Smith’s representative. Although Ms. Smith was advised of the consequences of her non-attendance at the hearing of May 1, 2015², Ms. Smith did not attend at the hearing.

Ms. Smith bears the onus of proving entitlement to her accident benefits claims. By not participating in any of the proceedings in this case since her Application for Arbitration was filed, Ms. Smith has failed to produce any evidence to support her claim. I am persuaded by Dominion’s submissions that Ms. Smith’s Application should be dismissed. Therefore Ms. Smith’s Application for Arbitration is dismissed.

EXPENSES:

Dominion requested an order for its expenses of the Arbitration in the amount of $500.00.

In considering the number of hours and legal services and the permitted hourly rate that can be reasonably claimed with respect to this matter, I find the amount of $500.00 (inclusive of costs, disbursements and HST) reasonable. Therefore, Ms. Smith shall pay the sum of $500.00 (inclusive of costs, disbursements and HST) to Dominion for its expenses in these proceedings.

July 2, 2015

Isoken Osunde Date

Arbitrator