REASONS FOR DECISION

Before: Sudabeh Mashkuri Heard: July 3, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one appeard for the Applicant Shalini Thomas for State Farm Mutual Automobile Insurance Company

The applicant, Isaac Annor, claims that he was injured in a motor vehicle accident on December 4, 2011. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Annor applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

ISSUES:

The issues in this hearing are:

Income Replacement Benefits at the rate of $400.00 per week from December 4, 2011 to December 4, 2013.
Interest for the overdue payment of benefits.
The expenses in respect of the arbitration.

RESULTS:

Mr. Annor’s Application for Arbitration is dismissed.
Mr. Annor shall pay State Farm’s expenses in the amount of $500.00, inclusive of HST, in respect of the arbitration under subsection 282(11) of the Insurance Act.

The prehearing for this file was scheduled on May 26, 2015. Mr. Annor was not present. Mr. Nguyen, licensed paralegal, representing Mr. Annor informed the parties that he has been unable to contact his client and wanted to withdraw the application for arbitration. I advised Mr. Nguyen that he must file a motion to be removed from the record as a representative, demonstrating the efforts he has made to contact the Applicant. Further, I advised him that he could not unilaterally withdraw an application of arbitration without the knowledge of the Applicant. I scheduled the hearing for July 3, 2015 to give Mr. Nguyen ample time to file a motion or an application in a letter format to remove himself as a representative, Mr. Nguyen failed to do so. Mr. Nguyen as the representative was sent notice of the hearing, but failed to appear at the hearing.

The hearing for this matter was scheduled for July 3, 2015. At the commencement of the hearing on July 3, 2015, I adjourned the hearing for 20 minutes giving the Applicant an opportunity to appear. The Applicant failed to appear and the hearing in the matter proceeded in his absence. I am satisfied that the applicant was properly served with the Notice of this hearing. Further, every opportunity was given to the Applicant to advance his claim. Hearing no evidence from Mr. Annor, and hearing no evidence from State Farm that would support Mr. Annor’s claim, I find that the Applicant has failed to meet the burden of proving his claim. Therefore, his claim for benefits is dismissed.

EXPENSES:

With regards to the expenses in this hearing, State Farm claims it has exercised diligence and pursued this matter without Mr. Annor appearing to advance his claim. At the hearing, Ms. Thomas on behalf of State Farm requested a nominal amount of $500.00 for expenses. I find that Mr. Annor having failed to appear on this matter, and not succeeding on the issues in dispute, is disentitled to expenses. The general approach with respect to fees is to take a pragmatic, broad strokes approach with a view to fixing an amount that is reasonable. I find the amount requested by State Farm to be reasonable and I therefore fix State Farm’s expenses in the amount of $500.00.

July 27, 2015

Sudabeh Mashkuri Date Arbitrator

Financial Services Commission of Ontario

Neutral Citation: 2015 ONFSCDRS 158 FSCO A14-006763

BETWEEN:

ISAAC ANNOR Applicant

and

STATE FARM MUTUAL AUTOMOBILE 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:

Mr. Annor‘s Application for Arbitration is dismissed.
Mr. Annor shall pay State Farm’s expenses in the amount of $500.00, inclusive of HST, in respect of the arbitration under subsection 282(11) of the Insurance Act.