Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2015 ONFSCDRS 271
FSCO A14-006984
BETWEEN:
SHAMARR FRIDAY
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Richard Feldman
Heard: November 6, 2015, at the offices of the Financial Services Commission of Ontario in Toronto
Appearances: No one appearing for Mr. Friday Josh Knox for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Shamarr Friday, claims to have been injured in a motor vehicle accident on September 22, 2012. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 Disputes arose concerning the Applicant’s entitlement to certain accident benefits. The parties were unable to resolve their disputes through mediation, and Mr. Friday 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 dispute, as identified in the Application for Arbitration, are as follows:
Is Mr. Friday entitled to receive a non-earner benefit in the amount of $185.00 per week from March 21, 2013 onwards?
Is Mr. Friday entitled to receive $3,267.95 for the cost of treatment at East Sheppard Rehab?
Is Mr. Friday entitled to attendant care benefits in the amount of $689.18 per month from September 22, 2012 onwards?
Is Mr. Friday entitled to payments for the cost of various examinations at Normed Assessments (as particularized in the Application for Arbitration)?
Is State Farm liable to pay Mr. Friday’s expenses in respect of the arbitration?
Is Mr. Friday liable to pay State Farm’s expenses in respect of the arbitration?
Is Mr. Friday entitled to interest for the overdue payment of benefits?
Result:
This application is dismissed.
The Applicant shall pay to State Farm $500.00 for its expenses of this arbitration.
EVIDENCE AND ANALYSIS:
The Applicant failed to attend the pre-hearing conference on September 30, 2015. The hearing was set for November 6, 2015 and I sent a letter to the Applicant to advise him of this and to warn of the possible consequences should he fail to attend before me on November 6, 2015.
Since the date of the pre-hearing, the Applicant has not communicated with his own legal representative,2 the Insurer or with FSCO. On November 6, 2015, the Applicant failed to attend the hearing. Thus, the Applicant adduced no evidence in support of his application. It appears that the Applicant has abandoned his claims.
The Insurer requested that this application be dismissed and that the Insurer be awarded its expenses of this proceeding, fixed in the amount of $500.00. I indicated that I found the orders requested by the Insurer to be reasonable and that an order would be issued accordingly.
December 14, 2015
Richard Feldman Arbitrator
Date
Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2015 ONFSCDRS 271
FSCO A14-006984
BETWEEN:
SHAMARR FRIDAY
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:
This application is dismissed.
The Applicant shall pay to State Farm $500.00 for its expenses of this arbitration.
December 14, 2015
Richard Feldman Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.
- who, on November 6, 2015, prior to the commencement of this hearing, was granted permission to remove herself as the Applicant’s representative of record and to withdraw from this proceeding.