Financial Services Commission of Ontario
Neutral Citation: 2015 ONFSCDRS 156
FSCO A14-002872
BETWEEN:
WARREN FRANCIS
Applicant
and
COACHMAN INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Rosemary Muzzi
Heard: June 19, 2015
Appearances: No one appearing for Mr. Francis Jonathan Tatner for Coachman Insurance Company
Issues:
The Applicant, Warren Francis, was injured in a motor vehicle accident on May 18, 2010. He applied for statutory accident benefits from Coachman Insurance Company (“Coachman”), payable under the Schedule1 that Coachman refused to pay. The parties were unable to resolve their disputes through mediation, and Mr. Francis applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
Since the filing of the application for arbitration dated March 25, 2014, Mr. Francis has never appeared at the Commission. At the initial pre-hearing in this matter, on March 16, 2015, counsel of record at the time advised that they had been unable to locate Mr. Francis. The Commission has had no communication from Mr. Francis either. As a result, based on his failure to pursue it, Coachman seeks an order dismissing Mr. Francis’ application for arbitration in its entirety.
The issue in this hearing is:
- Should Mr. Francis’ application for arbitration be dismissed?
Result:
- Mr. Francis’ application for arbitration is dismissed.
EVIDENCE AND ANALYSIS:
Mr. Francis was properly served with notice of the pre-hearing discussion in March 2015 yet did not appear. Mr. Francis’ counsel of record at the time appeared and advised that due to a loss of contact with and inability to locate Mr. Francis, they had no instructions to proceed and would seek an order to remove them as counsel of record. Such order was granted on April 27, 2015 upon consideration of counsel’s submissions and Mr. Francis offering no response.
Mr. Francis also failed to appear at the hearing date set for his application for arbitration though properly notified of the date at his last known address and advised of the consequences of his failure to attend.
Dismissal of Application for Arbitration
Based on his failure to participate in any proceeding relating to his application for arbitration and not otherwise having made contact with the Commission, I dismiss Mr. Francis’ application for arbitration for his failure to pursue it.
EXPENSES:
There is no order for expenses.
July 20, 2015
Rosemary Muzzi Arbitrator
Date
Financial Services Commission of Ontario
Neutral Citation: 2015 ONFSCDRS 156
FSCO A14-002872
BETWEEN:
WARREN FRANCIS
Applicant
and
COACHMAN INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- The application for arbitration is dismissed.
July 20, 2015
Rosemary Muzzi Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.