Neutral Citation: 2015 ONFSCDRS 191

FSCO A13-010183

BETWEEN:

DWAINE JAMES

Applicant

and

DOMINION OF CANADA GENERAL INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Isoken Osunde

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

Appearances: Gail Panotier for Mr. James Christopher Schnarr for Dominion of Canada General Insurance Company

Issues:

The Applicant, Dwaine James, was injured in a motor vehicle accident on October 8, 2011. He 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 Mr. James 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 this arbitration be dismissed because Mr. James failed to participate?
Is Dominion entitled to its expenses incurred in respect of the Arbitration?

Result:

Mr. James’s application for arbitration is dismissed.
Dominion is entitled to its expenses incurred in respect of the Arbitration fixed in the amount of $250.00.

EVIDENCE AND ANALYSIS:

A pre-hearing discussion in this case was held on February 13, 2014. Mr. James did not participate at the pre-hearing.

As Mr. James did not participate at the proceeding, Dominion asked that I schedule the matter for an arbitration hearing. I set the date for July 3, 2015 and a notice was delivered to Mr. James at his last known address.

On July 3, 2015, Mr. James did not appear at the hearing. Ms. Panotier brought a motion for Allan S. Blott and Associates to be removed from the record as Mr. James’s representatives. Dominion did not oppose this motion. I heard her motion at the commencement of the hearing on July 3. Having been satisfied that Mr. James was properly served with Ms. Panotier’s motion record and notices of all the proceedings, I permitted Allan S. Blott and Associates to withdraw from the proceeding.

In accident benefits claims, the onus is on an insured to prove his claim. I am persuaded by Dominion’s submission that Mr. James appears to have abandoned his claim.

Mr. James has failed to tender evidence in support of his claim. Therefore, I find it appropriate in the circumstance to dismiss his application for arbitration.

EXPENSES:

Dominion brought a motion for an order for its expenses of the Arbitration in the amount of $250.00. 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 $250.00 (inclusive of all costs, disbursements and taxes) reasonable for Dominion’s expenses. Therefore, Mr. James shall pay the sum of $250.00 (inclusive of all costs, disbursements and taxes) to Dominion for its expenses in these proceedings.

September 18, 2015

Isoken Osunde Arbitrator

Financial Services Commission of Ontario