Financial Services Commission of Ontario
Neutral Citation: 2015 ONFSCDRS 59 FSCO A13-004163
BETWEEN:
CURTIS SOCHAN Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer
REASONS FOR DECISION
Before: Sudabeh Mashkuri Heard: March 13, 2015, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances: No one appearing for Mr. Sochan John D. Dean for State Farm Mutual Automobile Insurance Company
The Applicant, Curtis Sochan, was injured in a motor vehicle accident on May 9, 2010. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Mr. Sochan 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 hearing in this case was scheduled for March 13, 2015 at 10:00 a.m., at the offices of FSCO. Mr. Sochan did not appear for the hearing. Mr. Dean, legal Counsel, representing State Farm was present at the hearing.
A motion was heard on August 8, 2014 by telephone conference call arranged by FSCO to determine whether Ms. Liana Ionescu, a licensed paralegal with Pace Law Firm, should be removed as Mr. Sochan’s representative. Arbitrator Sone permitted Pace Law Firm to be removed as Applicant’s representative.
A resumption of a pre-hearing discussion in this case was held on February 6, 2015, at 10:00 a.m. at the Financial Services Commission before me. The Applicant did not appear at the resumption of the pre-hearing, which was convened to discuss production of documents. Notice for the resumption of pre-hearing as well as Notice of the today’s hearing were sent to Mr. Sochan via regular and courier.
At the commencement of the hearing on March 13, 2015, I adjourned the hearing for 20 minutes giving the Applicant an opportunity to appear. The Applicant failed to appear and the hearing in this matter proceeded in his absence. I am satisfied that the Applicant was properly served with the Notice of this hearing. Further, every opportunity was given to the Applicant to advance his claim. Hearing no evidence from Mr. Sochan, and hearing no evidence from State Farm that would support Mr. Sochan’s claim, I find that Applicant has failed to meet the burden of proving his claim. Therefore, his claim for benefits are dismissed.
March 20, 2015
Sudabeh Mashkuri Arbitrator
Date
Financial Services Commission of Ontario
Neutral Citation: 2015 ONFSCDRS 59 FSCO A13-004163
BETWEEN:
CURTIS SOCHAN 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:
- Mr. Sochan’s Application for Arbitration is dismissed.
March 20, 2015
Sudabeh Mashkuri Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.