Neutral Citation: 2016 ONFSCDRS 171

FSCO A15-003571

BETWEEN:

JEYAKUMAR GOPALAPILLAI

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Arbitrator Kimberly Parish

Heard: By telephone conference call on May 27, 2016

Appearances: Mr. Jeyakumar Gopalapillai did not participate Ms. Anna Korolkova participated for Jeyakumar Gopalapillai Ms. Ashraf Ismail participated for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Mr. Jeyakumar Gopalapillai, was injured in a motor vehicle accident on May 21, 2013 and sought 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. Jeyakumar Gopalapillai, through his representative, 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 Mr. Jeyakumar Gopalapillai’s Application for Arbitration be dismissed?
Is Mr. Jeyakumar Gopalapillai liable to pay the Insurer’s expenses with respect to this Arbitration?

Result:

Mr. Jeyakumar Gopalapillai’s Application for Arbitration is dismissed.
Mr. Jeyakumar Gopalapillai shall pay $500.00, inclusive of HST, in expenses to State Farm.

EVIDENCE AND ANALYSIS:

Chronology

A Pre-Hearing discussion in this case was held by telephone conference on February 2, 2016 at 12:00 p.m. Mr. Jeyakumar Gopalapillai failed to participate at this Pre-Hearing.

On February 2, 2016, I sent a letter to Mr. Jeyakumar Gopalapillai at his last known address by both regular and registered mail to advise him of the missed Pre-Hearing discussion. The letter provided Mr. Jeyakumar Gopalapillai with an Attendance Notice, setting a date of May 27, 2016 at 2:00 p.m., to hear the issues identified in the Application for Arbitration. The letter also advised him that should he not contact our office or participate in any further proceedings, I would dismiss his Application for Arbitration and consider State Farm’s request for expenses.

The Dismissal

For the reasons that follow, Mr. Jeyakumar Gopalapillai’s Application for Arbitration is dismissed.

As of May 27, 2016, I was unable to contact Mr. Jeyakumar Gopalapillai at the last known contact telephone number provided by his legal representative, Ms. Korolkova. Also, Mr. Jeyakumar Gopalapillai had yet to contact his legal representative or ADR Chambers as requested, and had not participated in any of the Arbitration proceedings.

I am satisfied that Mr. Jeyakumar Gopalapillai was given notice of all of the proceedings related to his Application for Arbitration at his last known address.

Pursuant to Rule 37.7 of the Dispute Resolution Practice Code, the Arbitration Hearing proceeded in his absence.

Mr. Jeyakumar Gopalapillai bears the onus of proving entitlement to the claimed benefits. Since he did not participate at the Hearing and no evidence was presented to support his claims, his Application for Arbitration is dismissed.

EXPENSES:

State Farm requests expenses in these proceedings be awarded against Mr. Jeyakumar Gopalapillai in the amount of $500.00, inclusive of HST.

Based on the facts of these matters, I find State Farm’s submissions on expenses reasonable and am ordering Mr. Jeyakumar Gopalapillai to pay expenses in the amount of $500.00, inclusive of HST, to State Farm.

June 13, 2016

Kimberly Parish Arbitrator

Date

Financial Services Commission of Ontario