Financial Services Commission des Commission services financiers of Ontario de l’Ontario

Neutral Citation: 2015 ONFSCDRS 207

FSCO A14-005405

BETWEEN:

MUHAMMED BUTT

Applicant

and

ALLSTATE INSURANCE COMPANY OF CANADA

Insurer

REASONS FOR DECISION ON A MOTION

Before: Sudabeh Mashkuri

Heard: October 9, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Tanya Annarilli for Mr. Butt

Issues:

The Applicant, Muhammed Butt, was injured in a motor vehicle accident on September 26, 2013. The parties were unable to resolve their disputes through mediation, and Mr. Butt applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issue in this hearing is:

Whether Ms. Tanya Annarilli, licensed paralegal, and Bergel Magence LLP should be removed as legal representatives of record.

Result:

Bergel Magence LLP and Ms. Tanya Annarilli, licensed paralegal, are removed as legal representatives of record.

Ms. Tanya Annarilli filed a motion in writing on September 2, 2015, to remove herself and her firm as the legal representatives of record for the Applicant. The Applicant and the Respondent’s representatives were also served the motion. Ms. Annarilli submits in this motion that there has been a breakdown in the solicitor-client relationship between the Applicant and Bergel, Magence LLP. A hearing in person was scheduled for October 9, 2015. In a letter dated September 11, 2015, Ms. Julie Singh, legal counsel to Allstate, stated that Allstate does not oppose this motion and will not attend on October 9, 2015.

The Applicant, Mr. Butt and his brother were present at the hearing on October 9, 2015. Ms. Annarilli reiterated her reasons for the breakdown of solicitor-client relationship based on the failure of the Applicant to provide the documents necessary to advance his application.

Since this motion is not contested by Allstate and the Applicant has been served properly and understands the reasons behind this motion, I order Bergel Magence LLP and Ms. Annarilli to be removed as legal representative of record.

October 15, 2015

Sudabeh Mashkuri Date

Arbitrator