Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 180
FSCO A15-003801
BETWEEN:
BRONWEN NAVAGE
Applicant
and
AVIVA CANADA INC.
Insurer
DECISION ON A MOTION
Before: Edward Lee
Heard: By telephone conference call on June 17, 2016
Appearances: David S. Wilson for Ms. Navage
David Contant for Aviva Canada Inc.
The Applicant, Bronwen Navage, was injured in a motor vehicle accident on February 8, 1994. She applied for and received statutory accident benefits from Aviva Canada Inc. (“Aviva”), payable under the Schedule.1 Aviva terminated certain benefits. The parties were unable to resolve their disputes through mediation, and Ms. Navage applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
Issues:
The Applicant sought productions from the Insurer in regard to the upcoming arbitration hearing.
The issues in this hearing are:
- Should Aviva produce certain documents to the Applicant?
Result:
- Aviva shall produce to the Applicant any existing documentation it possesses (and has not already produced) in relation to the apparent periodic payments of $30.00 and $45.00 to the Applicant. This production shall be made no later than July 4, 2016.
EVIDENCE AND ANALYSIS:
At the hearing, I found that all documents sought by the Applicant had been previously produced to the Applicant by the Insurer. Mr. Wilson sought further clarifications and documents concerning periodic payments of $30.00 and $45.00 that had been apparently made to his client in regard to the housekeeping benefit.
There was no evidence that there were any other documents relating to these items that had not already been produced, but Mr. Contant agreed to produce them, if they existed and were in the possession of the Insurer.
I am thus ordering that these documents be produced to the Applicant, if they exist, forthwith and no later than July 4, 2016.
EXPENSES:
Expenses for this matter shall be determined at the conclusion of the hearing by the hearing arbitrator.
June 29, 2016
Edward Lee Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 180
FSCO A15-003801
BETWEEN:
BRONWEN NAVAGE
Applicant
and
AVIVA CANADA INC.
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- Aviva shall produce to the Applicant any existing documentation it possesses (and has not already produced) in relation to the apparent periodic payments of $30.00 and $45.00 to the Applicant. This production shall be made forthwith and no later than July 4, 2016.
June 29, 2016
Edward Lee Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents after December 31, 1993 and before November 1, 1996, Ontario Regulation 776/93, as amended.