REASONS FOR DECISION

Before: Isoken Osunde Heard: June 2, 2015, at the offices of the Financial Services Commission of Ontario in Toronto Appearances: Reynold S.R. Kim for Mr. Ji Michael Edmonds for Personal Insurance Company of Canada

Issues:

The Applicant, Jung Ho Ji, was injured in a motor vehicle accident on August 27, 2012. He applied for and received statutory accident benefits from Personal Insurance Company of Canada (“Personal”), payable under the Schedule.¹ A dispute arose between the parties which they were unable to resolve through mediation, and Mr. Ji 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 Krylov and Company be removed from the record?
Should Mr. Ji’s Application for Arbitration be dismissed?
Is Personal entitled to its expenses incurred in respect of the Arbitration?

Result:

Krylov and Company is removed from the record.
Mr Ji’s Application for Arbitration is dismissed.
Personal is entitled to its expenses incurred in respect of the Arbitration fixed in the amount of $500.00.

EVIDENCE AND ANALYSIS:

For the reasons that follow, Krylov and Company is permitted to be removed from the record as Mr. Ji’s representatives and Mr. Ji’s claim is dismissed.

On March 24, 2015, Krylov and Company brought a motion to be removed from the record as Mr. Ji’s representatives. Personal did not oppose this motion. At a pre-hearing scheduled to take place on April 24, 2015, before Arbitrator Rogers, Mr. Ji did not appear. Arbitrator Rogers was not satisfied that Mr. Ji had been properly notified of the motion for removal. He therefore rescheduled the motion for the first day of the hearing being June 2, 2015. The hearing was also scheduled to proceed on June 2, 2015.

On June 2, 2015, the matter came before me. Mr. Ji did not appear. After waiting for 30 minutes, I proceeded to hear the motion. I was satisfied that Krylov and Company had complied with Rule 9 of the Dispute Resolution Practice Code, therefore, I permitted Krylov and Company to be removed from the record as Mr. Ji’s representatives.

With respect to the accident benefit claims, Mr. Ji bears the onus of proving entitlement to the benefits claimed. By not attending any of the proceedings without a reasonable excuse and not presenting any evidence to support his claim, Mr. Ji has failed to discharge this onus. Therefore, this Arbitration is dismissed.

EXPENSES:

Personal brought a motion for 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 all costs, disbursements and taxes) reasonable for Personal’s expenses. Therefore, Mr. Ji shall pay the sum of $500.00 (inclusive of all costs, disbursements and taxes) to Personal for its expenses in these proceedings.

August 5, 2015

Isoken Osunde Arbitrator

Date

Financial Services Commission of Ontario

Neutral Citation: 2015 ONFSCDRS 164 FSCO A13-008882

BETWEEN:

JUNG HO JI Applicant

and

PERSONAL INSURANCE COMPANY OF CANADA Insurer

ARBITRATION ORDER

Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:

Krylov and Company is removed as Mr. Ji’s solicitor of record.
Mr. Ji’s Arbitration is dismissed.
Mr. Ji shall pay Personal $500.00 as expenses (inclusive of all costs, disbursements and taxes).