Li Ya Luo v. Unica Insurance Inc. and Xiao Chen v. Personal Insurance Company of Canada, 2015 ONFSCDRS 87

Neutral Citation: 2015 ONFSCDRS 87

Appeals P15-00011 and P15-00014

OFFICE OF THE DIRECTOR OF ARBITRATIONS

LI YA LUO Appellant and UNICA INSURANCE INC. Respondent

AND

XIAO CHEN Appellant and PERSONAL INSURANCE COMPANY OF CANADA Respondent

BEFORE: Delegate Lawrence Blackman

REPRESENTATIVES: Mr. Philip Kai Kwong Yeung for Ms. Li Ya Luo and Mr. Xiao Chen Mr. H. Jack Parsekhian and Mr. Stanley Razanberg for Unica Insurance Company Ms. Melinda J. Baxter for Personal Insurance Company of Canada

HEARING DATE: By written submissions due April 8, 2015

PRELIMINARY APPEAL ORDER

Under section 283 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:

Exercising my discretion under Rules 50.2 and 51.2(c) of the Dispute Resolution Practice Code (Fourth Edition, Updated – January 2014), I accept both these appeals.
I decline to exercise my discretion under subsection 283(6) of the Insurance Act to stay either of the Arbitrators’ Orders.
Applying Rule 30 of the Code, as allowed by Rule 1.2, I combine these appeal proceedings to be heard one immediately after the other or in such other manner as will result in the most just, quickest and least expensive means of determining these appeals.
The legal expenses of this preliminary appeal order are deferred to the conclusion of these appeals, subject to any other or further order of an appellate officer.

April 24, 2015

Lawrence Blackman Director’s Delegate

REASONS FOR DECISION

I. NATURE OF THE APPEAL AND BACKGROUND

Ms. Luo was injured in a motor vehicle accident on October 6, 2010. Mr. Chen was injured in a motor vehicle accident on January 11, 2011. Each applied to their own first-party automobile insurance company, Unica Insurance Company (“Unica”) and Personal Insurance Company of Canada (“Personal”) respectively, for statutory accident benefits under the 2010 Schedule.¹

In each case, the insurer arranged insurer medical examinations (“IMEs”) under section 44 of the 2010 Schedule. Neither insured attended. Each applied separately to the Commission for mediation and then, upon its failure to resolve the issues in dispute, arbitration.