Financial Services Commission des
Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2015 ONFSCDRS 41
FSCO A14-001765
BETWEEN:
KAMALJIT RATHOR
Applicant
and
PRIMMUM INSURANCE CO.
Insurer
REASONS FOR DECISION
Before: Arbitrator Alan G. Smith
Heard: In person at ADR Chambers on February 19, 2015
Appearances: Ms. Mannaneh Duval for Mr. Kamaljit Rathor Ms. Jennifer Imrie for Primmum Insurance Co.
Issues:
The Applicant, Mr. Kamaljit Rathor, was injured in a motor vehicle accident on October 3, 2011 and sought accident benefits from Primmum Insurance Company (“Primmum”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation and Mr. Rathor, through his 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 Preliminary Issue Hearing are:
Should Ms. Mannaneh Duval and the Siganporia Law Firm be removed from the record as solicitors for Mr. Kamaljit Rathor?
Should Mr. Kamaljit Rathor’s Application for Arbitration be dismissed?
Result:
Ms. Mannaneh Duval and the Siganporia Law Firm are removed as solicitors of record for Mr. Kamaljit Rathor.
Pursuant to Rule 68 of the Dispute Resolution Practice Code and with the consent of the Insurer, the Application for Arbitration is dismissed and the file closed.
EVIDENCE AND ANALYSIS:
On January 5, 2015, a Pre-Hearing conference was held at the offices of ADR Chambers with regard to Mr. Rathor’s Application for Arbitration. At that time, Ms. Duval, legal counsel, represented Mr. Rathor. Mr. Daniel Savoie, legal counsel, represented Primmum. Although notified of that Pre-Hearing conference, Mr. Rathor did not attend or communicate the reason for his absence. Subsequently, on January 5, 2015, I prepared a Pre-Hearing letter in which I advised Mr. Rathor of the following:
Due to the applicant’s non-attendance and at the parties’ request a further pre-hearing discussion in this matter is scheduled for Thursday, February 19, 2015, at 2:00 p.m., in person at the offices of the ADR Chambers. If Mr. Rathor fails to attend the resumed pre-hearing, the Application for arbitration may be dismissed for being frivolous and vexatious pursuant to Rule 68 of the FSCO Dispute Resolution Practice Code.
A copy of the letter was sent to Mr. Rathor at the postal address listed on the Application for Arbitration. The letter was not returned to ADR Chambers.
At the reconvened Pre-Hearing conference, held February 19, 2015, Mr. Rathor again failed to attend or otherwise contact ADR Chambers or his counsel. Ms. Duval advised that since October of 2014, her office had made many unsuccessful attempts to contact the Applicant. This included an attempt to contact Mr. Rathor via Canada Post at the residential address noted on the Application for Arbitration. Ms. Duval stated that she had in fact sent a letter to Mr. Rathor after the Pre-Hearing in January 2015 explaining to the Applicant the potential consequences of not attending the reconvened Pre-Hearing on February 19, 2015 or providing her with instructions i.e., that the Application could be dismissed. Ms. Duval reported that none of the correspondence sent to Mr. Rathor had been returned by Canada Post. Ms. Duval also explained that attempts had been made by her office to contact the Applicant by leaving telephone voicemail messages, text messages, and by having an employee of Ms. Duval’s law firm attend at Mr. Rathor’s residential address. Ms. Duval also stated that it was her understanding that her client was fluent in the English language, having been educated in Canada and with all previous communication being conducted solely in English. Nonetheless, she explained that all attempts at contacting the Applicant had failed.
Request by Applicant’s Counsel
As a result of her client’s non-attendance and lack of communication, Ms. Duval requested that she and her firm be removed as solicitors of record in the Application. Ms. Imrie consented to that request.
Decision
On the consent of both counsel, Ms. Mannaneh Duval and the Siganporia Law Firm are removed as solicitors of record in the Application for Arbitration.
On January 5, 2015, I advised Mr. Rathor that if he did not attend the resumed Pre-Hearing scheduled for Thursday February 19, 2015, at 2:00 p.m., at the offices of ADR Chambers or contact his lawyer with instructions, I could, with the consent of the Insurer, dismiss the Application pursuant to Rule 68 of the Dispute Resolution Practice Code. The Applicant’s lawyer, Ms. Duval, also advised that she sent Mr. Rathor written correspondence explaining the potential serious consequences if he did not attend the resumed Pre-Hearing conference or provide her with instructions to act on his behalf.
Mr. Rathor did not attend the resumed Pre-Hearing and neither his counsel nor ADR Chambers has received any communications from him. Therefore, pursuant to Rule 68 of the Dispute Resolution Practice Code and with the consent of the Insurer, Mr. Rathor’s Application for Arbitration is dismissed and the file closed.
EXPENSES:
If the parties are unable to agree on the entitlement to, or quantum of the expenses of this matter, the parties may request an appointment with me for determination of same in accordance with the Dispute Resolution Practice Code.
March 5, 2015
Alan G. Smith Arbitrator
Date
Financial Services Commission des
Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2015 ONFSCDRS 41
FSCO A14-001765
BETWEEN:
KAMALJIT RATHOR
Applicant
and
PRIMMUM INSURANCE CO.
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c. I.8, as amended, it is ordered that:
Ms. Mannaneh Duval and the Siganporia Law Firm are removed as solicitors of record for Mr. Kamaljit Rathor.
Mr. Kamaljit Rathor’s Application for Arbitration is dismissed.
March 5, 2015
Alan G. Smith Arbitrator
Date