Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2015 ONFSCDRS 51

FSCO A14-000195

BETWEEN:

NORZIA FARHAT

Applicant

and

STATE FARM MUTUAL AUTOMOBILE

INSURANCE COMPANY

Insurer

Before: Arbitrator Jeffrey Rogers

Heard: March 6, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Ms. Marni Miller, solicitor for State Farm Mutual Automobile Insurance Company

Mr. Alex Kyrrikides, solicitor for Alam Law Office

No one appearing for Ms. Farhat

Issues:

The issues in this hearing are:

Should Alam Law Office be removed from the record as Ms. Farhat’s representative?
Should this arbitration be dismissed because Ms. Farhat has failed to participate?
Is State Farm entitled to its expenses of this arbitration, and if so, in what amount?

Result:

Alam Law Office is removed from the record as Ms. Farhat’s representative.
This arbitration is dismissed.
Ms. Farhat shall pay State Farm its expenses of the arbitration in the amount of $898.56.

EVIDENCE AND ANALYSIS:

Background

The Applicant, Norzia Farhat, was injured in a motor vehicle accident on June 2, 2010. She applied for and received statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.¹ Disputes arose regarding Ms. Farhat’s entitlement to further claimed benefits. The parties were unable to resolve their disputes through mediation, and Ms. Farhat applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

A pre-hearing discussion was held on December 2, 2014. Alam Law Office was on the record as Ms. Farhat’s representative. Neither Ms. Farhat nor her representative attended. By letter of June 2, 2014 Mr. Alam informed the Commission that he had lost touch with his client and would seek to be removed from the record, but no order for removal had been made.

I was satisfied that Ms. Farhat was given proper notice of the pre-hearing. I proceeded with the pre-hearing and set today’s date for the hearing. I informed Mr. Alam that his firm remained on the record.

Removal From the Record

Mr. Kyrrikides attended today seeking an order removing Alam Law Office from the record as Ms. Farhat’s representative. He confirmed that the records of the Commission show Ms. Farhat’s last known address. State Farm took no position on the issue of removal.

I was satisfied that Ms. Farhat was given proper notice of the request for removal. I was satisfied that there has been a breakdown in the solicitor/client relationship. Alam Law Office is therefore removed from the record as Ms. Farhat’s representative.

Dismissal of the Arbitration

I am satisfied that Ms. Farhat was given proper notice of the hearing. She did not attend and she has not communicated with the Commission since this arbitration was commenced. Ms. Farhat bears the onus of proving entitlement to the benefits claimed. Since no evidence was presented on her behalf at the hearing, this arbitration is dismissed.

EXPENSES:

State Farm sought its expenses of the arbitration in the amount of $898.56. I find that State Farm is entitled to its expenses, based on its success. I find the amount claimed to be reasonable. Ms. Farhat is therefore ordered to pay State Farm its expenses in the amount of $898.56.

March 17, 2015

Jeffrey Rogers

Arbitrator

Date