Jezreel Jeremiah v. Aviva Canada Inc., 2015 ONFSCDRS 182

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2015 ONFSCDRS 182

FSCO A14-005257

BETWEEN:

JEZREEL JEREMIAH

Applicant

and

AVIVA CANADA INC.

Insurer

REASONS FOR DECISION

Before: Robert Bujold

Heard: August 21, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one appeared for Mr. Jeremiah Modupe Egunjobi for Aviva Canada Inc.

Issues:

The Applicant, Jezreel Jeremiah, was injured in a motor vehicle accident on February 18, 2012. He applied for and received statutory accident benefits from Aviva Canada Inc. (“Aviva”), payable under the Schedule.¹ Issues arose regarding Mr. Jeremiah’s entitlement to certain benefits. The parties were unable to resolve their disputes through mediation, and Mr. Jeremiah applied for arbitration at the Financial Services Commission of Ontario (the "Commission") under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issue in this hearing is:

Should Mr. Jeremiah’s claims be dismissed?

Result:

Mr. Jeremiah’s claims are dismissed.
Mr. Jeremiah shall pay Aviva its expenses of the arbitration in the amount of $614.29 inclusive of fees, disbursements and H.S.T.

EVIDENCE AND ANALYSIS:

Background:

Mr. Jeremiah failed to attend a pre-hearing discussion held on July 8, 2015, although properly served with a Notice of Pre-Hearing Discussion at his last known address. Grillo Barristers Professional Corporation (“Grillo Barristers”) brought a motion, returnable on the same date, for an Order permitting the firm to withdraw as Mr. Jeremiah’s representatives. Grillo Barristers’ motion and the pre-hearing discussion both proceeded on April 2, 2015.

With regard to the motion, I was satisfied that Grillo Barristers had met the requirements of Rule 9 of the Dispute Resolution Practice Code (the "Code"), and I found that there had been a serious breakdown in the solicitor-client relationship. As a result, I permitted Grillo Barristers to withdraw as Mr. Jeremiah’s representatives.

The pre-hearing discussion then proceeded in Mr. Jeremiah’s absence. A hearing date was scheduled for August 21, 2015 at 11:00 a.m., and the issues for hearing were identified as the issues set out in the Application for Arbitration.

A Notice of Hearing dated July 15, 2015, confirming the August 21, 2015 hearing, was sent to Mr. Jeremiah at his last known address.

The Arbitration Hearing:

Mr. Jeremiah failed to attend at the offices of the Commission for the hearing scheduled for 11:00 a.m. on August 21, 2015. By 11:20 a.m., Mr. Jeremiah had still not appeared.

Pursuant to Rule 37.7 of the Code, and being satisfied that Mr. Jeremiah had been properly served at his last known address with the Notice of Hearing, the arbitration hearing proceeded in Mr. Jeremiah’s absence.

As Mr. Jeremiah did not attend to present any evidence, he failed to establish his entitlement to the benefits claimed. Mr. Jeremiah’s claims are therefore dismissed.

EXPENSES:

Having heard Aviva’s submissions on the issue of expenses, I award Aviva its expenses of the arbitration in the amount of $614.29 inclusive of fees, disbursement and H.S.T.

September 2, 2015

Robert Bujold Date

Arbitrator