Neutral Citation: 2015 ONFSCDRS 26

FSCO A13-004758

BETWEEN:

AZAM ABBASNEZHAD

Applicant

and

CAA INSURANCE COMPANY (ONTARIO)

Insurer

REASONS FOR DECISION

Before: Dana Hirsh

Heard: January 29, 2015, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: No one appearing for Ms. Abbasnezhad Joanne Jodhan for CAA Insurance Company (Ontario)

Issues:

The Applicant, Azam Abbasnezhad, claims that she was injured in a motor vehicle accident on February 10, 2010. She applied for statutory accident benefits from CAA Insurance Company (Ontario) ("CAA"), payable under the applicable Accident Benefit Schedules.¹ Issues arose regarding Ms. Abbasnezhad's entitlement to accident benefits. The parties were unable to resolve their disputes through mediation, and Ms. Abbasnezhad applied for arbitration at the Financial Services Commission of Ontario ("FSCO") under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issues in this hearing, as identified in the Application for Arbitration and the pre-hearing letter of Arbitrator Sone, dated October 6, 2014, are as follows:

Is Ms. Abbasnezhad entitled to receive a weekly income replacement benefit at the rate of $400.00 per week, from February 10, 2010 to present and ongoing?
Is Ms. Abbasnezhad entitled to receive medical benefits, in the amount of $809.56, for prescriptions, parking and an ObusForme?
Is Ms. Abbasnezhad entitled to attendant care benefits, at the rate of $883.65 per month, from February 10, 2010 to February 10, 2012?
Is Ms. Abbasnezhad entitled to payments for housekeeping and home maintenance services, at the rate of $100.00 per week, from February 10, 2010 to February 10, 2012?
Is CAA liable to pay Ms. Abbasnezhad's expenses in respect of the arbitration?
Is Ms. Abbasnezhad liable to pay CAA's expenses in respect of the arbitration?
Is Ms. Abbasnezhad entitled to interest for the overdue payment of benefits?

Result:

The Applicant's claims are dismissed without costs.

EVIDENCE AND ANALYSIS:

Background

Prior to the pre-hearing discussion, Bergel, Magence LLP ("Bergel") served and filed a motion for an order to be removed as Ms. Abbasnezhad's legal representatives of record. Ms. Abbasnezhad failed to attend the pre-hearing discussion held at the offices of FSCO in Toronto on October 6, 2014. Bergel's motion and the pre-hearing discussion both proceeded before Arbitrator Sone on that date.

With regard to the motion, Arbitrator Sone was satisfied that Bergel had met the requirements of Rule 9 of the Dispute Resolution Practice Code (the "Code"), and she found that there had been a breakdown in the solicitor-client relationship. As a result, she permitted Bergel to withdraw as Ms. Abbasnezhad's representatives.

At the pre-hearing discussion which took place in Ms. Abbasnezhad's absence, a hearing date was scheduled for January 29, 2015, at 10:00 a.m., at the offices of FSCO. A pre-hearing letter dated October 6, 2014, setting the hearing date of January 29, 2015 in bold, was sent to Ms. Abbasnezhad at her last known address.

A Notice of Hearing, dated October 15, 2014, confirming the January 29, 2015 hearing, was also sent to Ms. Abbasnezhad at her last known address.

The Arbitration Hearing:

This hearing was scheduled to commence at 10:00 a.m. on January 29, 2015 at the offices of FSCO. At that time, Ms. Jodhan, licensed paralegal, appeared on behalf of CAA. By approximately 10:30 a.m., Ms. Abbasnezhad had still not appeared, nor did anyone appear on her behalf.

Pursuant to Rule 37.7 of the Code, and being satisfied that Ms. Abbasnezhad had been properly served at her last known address with the Notice of Hearing, the arbitration hearing proceeded in her absence.

As Ms. Abbasnezhad did not attend to present any evidence, she failed to prove her entitlement to any of the benefits claimed. Accordingly, I dismissed her claims.

EXPENSES:

CAA did not seek an order for its expenses of the arbitration.

February 11, 2015

Dana Hirsh Arbitrator

Date

Financial Services Commission of Ontario