Robert Jackson v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 167

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 167

FSCO A14-002204 & A14-002324

BETWEEN:

ROBERT JACKSON

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Arbitrator Barry S. Arbus, Q.C.

Heard: In person at ADR Chambers on May 25, 2016

Appearances: Mr. Yousef Jabbour for Mr. Robert Jackson

Ms. Mouna Hanna for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Mr. Robert Jackson, was injured in a motor vehicle accident which occurred on December 13, 2011 (A14-002204) and a further accident which occurred on October 22, 2012 (A14-002324). He applied for and received 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 the Applicant 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 the Applicant’s Applications for Arbitration be dismissed?
Should the Insurer be granted costs or expenses in this matter?

Result:

The Applicant’s Applications for Arbitration are dismissed.
The Insurer should be granted $500.00 in respect of each Application for Arbitration in expenses in this matter.

EVIDENCE AND ANALYSIS:

The Arbitration Hearing in this matter was scheduled for May 25 and 26, 2016 at the offices of ADR Chambers at 180 Duncan Mill Road, Toronto. Ms. Carol Baillie, a representative of State Farm, and Ms. Mouna Hanna, State Farm’s counsel, were present, and Mr. Jabbour appeared for the Applicant but the Applicant was not present.

After waiting a suitable time for the Applicant, and his failure to appear, Ms. Hanna brought a Motion to dismiss the Applicant’s Applications for Arbitration.

I am satisfied that the Applicant had been notified of all proceedings to date and was aware that he was to attend the Hearing. I am also satisfied that the Applicant was aware that his failure to attend would result in State Farm’s bringing an application to dismiss the Applications for Arbitration.

The Applicant has the onus of proof to establish his entitlement to his Applications for Arbitration and his failure to attend accordingly means that he has failed to meet this onus.

Conclusion

Therefore, I find all of the above reasons are sufficient to dismiss the Applications for Arbitration.

EXPENSES:

Ms. Hanna has requested expenses in this matter as a result of the dismissal of the Applicant’s Applications for Arbitration. I am prepared to grant the Insurer the sum of $500.00 in expenses for each Application for Arbitration in accordance with the provisions of the Dispute Resolution Practice Code and section 282(11) of the Insurance Act.

June 13, 2016

Barry S. Arbus, Q.C.

Arbitrator

Date