Mei Ling Wu v. Dominion of Canada General Insurance Company, 2016 ONFSCDRS 121

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 121

FSCO A12-002585

BETWEEN:

MEI LING WU

Applicant

and

DOMINION OF CANADA GENERAL INSURANCE COMPANY

Insurer

REASONS FOR DECISION ON A MOTION

Before: Stuart J. Mutch

Heard: In writing

Counsel: Philip (Kai Kwong) Yeung for Yeung & Associates

Ms. Anna-Marie Musson, Miller Thomson LLP

Background

The Applicant, Mei Ling Wu, was injured in a motor vehicle accident on February 24, 2010. She claimed statutory accident benefits from Dominion of Canada Insurance Company (“Domnion”) payable under the Schedule.¹ Disputes arose concerning her entitlement to benefits. The parties were unable to resolve their disputes through mediation, and Ms. Wu 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 hearing are:

Should Yeung & Associates be permitted to withdraw as Ms. Wu’s representative?

Result:

Yeung & Associates is permitted to withdraw as Ms. Wu’s representative.

EVIDENCE AND ANALYSIS:

Motion to Withdraw as Ms. Wu’s Representative

Yeung and Associates has made a motion to withdraw as Ms. Wu’s representative.

In its motion record, Yeung and Associates has included the affidavit of Kai Kwong Yeung, a paralegal, and apparently the principal of Yeung & Associates, sworn March 10, 2016. The cover letter attached to the motion record indicates that the motion record was served on both Ms. Wu and Dominion’s counsel by courier.

In the affidavit, Mr. Yeung deposes that on January 26, 2016 he spoke to Ms. Wu via telephone and requested instructions as to how to proceed with her claim. Ms. Wu did not provide any instructions. On January 27, 2016 Ms. Wu attended Yeung and Associates’ offices, but Mr. Yeung was not in the office.

On January 29, 2016 Mr. Yeung wrote a letter to Ms. Wu at her last known mailing address, advising, amongst other things, that Yeung and Associates would be requesting removal as her representative of record.

On February 1, 2016, Ms. Wu contacted Mr. Yeung by telephone. A paralegal, Mr. Ken Wong, also participated in the call and advised Mr. Yeung that he represented Mr. Wu. On February 2, 2016, Mr. Yeung wrote a further letter to Ms. Wu confirming the telephone discussion and again advising that Yeung and Associates will be seeking removal as representatives of record.

Attached to Mr. Yeung’s affidavit is an Acknowledgement, apparently signed by Ms. Wu on February 3, 2016 indicating that she has received a CD containing her accident benefits file from Yeung & Associates and that they will no longer be representing her.

Mr. Yeung has complied with Rule 9 of the Dispute Resolution Practice Code in providing Ms. Wu’s last known address, as noted above, and her telephone number and e-mail address as set out in his letter of April 8, 2016.

Dominion has filed not material or made any representations indicating that it is opposed to this motion.

I am satisfied that there has been a breakdown of communication in the solicitor-client relationship. There are indications that Ms. Wu has retained another representative. Pursuant to Rule 9.8 of the Dispute Resolution Practice Code, it is hereby ordered that Yeung & Associates be permitted to withdraw as Ms. Wu’s solicitors of record in this proceeding, without terms.

April 19, 2016

Stuart Mutch

Arbitrator

Date