Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2015 ONFSCDRS 24
FSCO A14-001225
BETWEEN:
GEORGE REDCLIFFE
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Robert Bujold
Heard: January 9, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances: No one appeared for Mr. Redcliffe
Leanne Zawadzki for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, George Redcliffe, claimed to have been injured in a motor vehicle accident on October 1, 2011. He applied for statutory accident benefits from the Insurer, State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 Issues arose regarding Mr. Redcliffe’s entitlement to certain benefits. The parties were unable to resolve their disputes through mediation, and Mr. Redcliffe 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 the Applicant’s claims be dismissed?
Result:
- The Applicant’s claims are dismissed.
EVIDENCE AND ANALYSIS:
Background:
Mr. Redcliffe failed to attend a pre-hearing discussion held on November 17, 2014, although properly served with a Notice of Pre-Hearing Discussion at his last known address. Carranza Barristers & Solicitors (“Carranza”) brought a motion, returnable on the same date, for an Order permitting the firm to withdraw as Mr. Redcliffe’s representatives. Carranza’s motion and the pre-hearing discussion both proceeded on November 17, 2014.
With regard to the motion, I was satisfied that Carranza had met the requirements of Rule 9 of the Dispute Resolution Practice Code ("Code"), and I found that there had been a serious breakdown in the solicitor-client relationship. As a result, I permitted Carranza to withdraw as Mr. Redcliffe’s representatives.
The pre-hearing discussion then proceeded in Mr. Redcliffe’s absence. A hearing date was scheduled for January 9, 2015, at 10:00 a.m., and the issues for hearing were identified as the issues set out in the Application for Arbitration.
A Notice of Hearing dated November 18, 2014, confirming the January 9, 2015 hearing, was sent to Mr. Redcliffe at his last known address.
The Arbitration Hearing:
On January 9, 2015, at 10:00 a.m., Ms. Zawadzki attended at the Commission on behalf of State Farm.
By 10:20 a.m., Mr. Redcliffe had still not appeared at the offices of the Commission.
Pursuant to Rule 37.7 of the Code, and being satisfied that Mr. Redcliffe had been properly served at his last known address with the Notice of Hearing, the arbitration hearing proceeded in Mr. Redcliffe’s absence.
As Mr. Redcliffe did not attend to present any evidence, he failed to establish his entitlement to the benefits claimed. Mr. Redcliffe’s claims were therefore dismissed.
EXPENSES:
State Farm did not seek its expenses of the arbitration.
February 6, 2015
Robert Bujold Date
Arbitrator
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2015 ONFSCDRS 24
FSCO A14-001225
BETWEEN:
GEORGE REDCLIFFE
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
ARBITRATION ORDER
- The Applicant’s claims are dismissed.
February 6, 2015
Robert Bujold Date
Arbitrator
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.