Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2015 ONFSCDRS 253
FSCO A14-004748
BETWEEN:
PARAMESWARAN THAMPU
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
DECISION ON A MOTION
Before: Arbitrator Benjamin Drory
Heard: In person at ADR Chambers on October 9, 2015
Appearances: Ms. Neha Kohli participated for Mr. Parameswaran Thampu
Ms. Leah Patterson participated for State Farm Mutual Automobile Insurance Company
Mr. Adam Pennino participated for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Mr. Parameswaran Thampu, was injured in an automobile accident on April 19, 2010, and sought accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”) under the Schedule. 1 The parties were unable to resolve their disputes through mediation and Mr. Thampu, through his legal representative, 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 Motion are:
Should the Eshel Law Firm Professional Corporation (formerly T.E. Paralegals Professional Corporation) be removed from the record as representatives for Mr. Thampu?
Should Mr. Thampu’s Application for Arbitration be dismissed?
Result:
The Eshel Law Firm Professional Corporation (formerly T.E. Paralegals Professional Corporation) is removed from the record as representatives for Mr. Thampu.
Mr. Thampu’s Application for Arbitration is dismissed.
EVIDENCE AND ANALYSIS:
A Pre-Hearing was held in this matter on March 2, 2015, at ADR Chambers. A Tamil interpreter by the name of Thayanithy assisted. Ms. Tal Eshel represented Mr. Thampu, and Mr. Adam Pennino represented State Farm. During the Pre-Hearing, Mr. Thampu participated briefly by telephone, from Sri Lanka. However, it seemed to be the case that there were at two least individuals on the telephone on Mr. Thampu’s end. It could not be confirmed which individual on the phone in Sri Lanka was Mr. Thampu. One of the individuals advised that Mr. Thampu was sick and would not be returning to Canada for at least six months. State Farm requested that Mr. Thampu’s claim be dismissed.
In these circumstances, the parties were unable to have a full discussion of the file, which is one of the policy intentions of the Pre-Hearing. In my Pre-Hearing letter to the parties, dated March 2, 2015, I set a resumption of the Pre-Hearing beyond the six-month window mentioned, on Friday, October 9, 2015, starting at 11:00 a.m., in-person at the offices of ADR Chambers. I specifically advised that if Mr. Thampu did not personally attend the resumption of the Pre-Hearing, the proceeding may be dismissed. The letter was sent to Mr. Thampu’s last-known address.
Prior to the resumption, Ms. Eshel provided a Notice of Motion seeking for her law firm to be removed from the record as representatives for Mr. Thampu. I reviewed her affidavit and supporting materials, and also spoke with a licensed paralegal from her firm, Ms. Neha Kohli, at the time of the resumption. I am satisfied that there was a breakdown in the solicitor-client relationship, and that granting an order removing the Eshel Law Firm Professional Corporation from the record as Mr. Thampu’s representatives is appropriate.
Mr. Thampu did not attend the Pre-Hearing Resumption on October 9, 2015. Accordingly, I find it appropriate to dismiss the claim pursuant to Rule 68.1 of the Dispute Resolution Practice Code, on the basis that the claim is frivolous, vexatious, and/or commenced in bad faith.
EXPENSES:
State Farm may submit a position with respect to its expenses concerning this matter within 30 days of the date of this Order. I ask State Farm to submit its position to my attention in writing, via the email address fsco.arbitration@adr.ca, and also provide a copy to the Applicant. The Applicant will be invited to submit any reply regarding State Farm’s submission within 30 days of the date of State Farm’s submission.
November 23, 2015
Benjamin Drory
Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2015 ONFSCDRS 253
FSCO A14-004748
BETWEEN:
PARAMESWARAN THAMPU
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
The Eshel Law Firm Professional Corporation (formerly T.E. Paralegals Professional Corporation) is removed from the record as representatives for Mr. Thampu.
Mr. Thampu’s Application for Arbitration is dismissed.
November 23, 2015
Benjamin Drory
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule – Accidents on or after November1, 1996, Ontario Regulation 403/96, as amended.