Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 189

FSCO A11-004111

BETWEEN:

PAATA CHECHELASHVILI

Applicant

and

JEVCO INSURANCE COMPANY

Insurer

Before: Edward Lee

Heard: By telephone conference call on July 6, 2016.

Appearances: Ashmani Boodnarine for Mr. Chechelashvili

Paul Omeziri for Jevco Insurance Company

Issues:

The Applicant, Paata Chechelashvili, was injured in a motor vehicle accident on November 5, 2009. He applied for and received statutory accident benefits from Jevco Insurance Company (“Jevco”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Chechelashvili applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issue in this motion is:

Should this arbitration be dismissed without a hearing pursuant to Rule 68 of the Dispute Resolution Practice Code?

Result:

This arbitration is dismissed.

EVIDENCE AND ANALYSIS:

This arbitration hearing was originally scheduled to commence on July 15, 2013. On that date the representative for the Applicant attended and informed me that the Applicant was unable to attend because of a medical emergency. On that date, I adjourned the hearing sine die to await further information in regard to the Applicant’s health.

In the interim, the Applicant died, and the Insurer brought a motion to dismiss the application for arbitration in April 2016. I convened the parties by telephone conference on June 10, 2016 to ascertain their intentions. At that discussion, it was agreed the Applicant’s representative would contact the deceased’s family and determine whether a family member or friend had been appointed as an Estate Trustee or had made an application to be an Estate Trustee so that this arbitration might proceed. I then adjourned the matter until July 6, 2016.

At the resumption of the discussion on July 6, 2016, the Applicant’s representative informed me that they had conducted a search, and found no family member or friend had been appointed as an Estate Trustee or had made an application to become an Estate Trustee. No one would be proceeding with the application for arbitration.

Both sides agreed that the proceeding had thus become “frivolous”, and neither objected to it being dismissed without a hearing pursuant to Rule 68 of the Dispute Resolution Practice Code.

Accordingly, I am dismissing the arbitration proceeding because it has become frivolous pursuant to Rule 68 of the Code.

EXPENSES:

Neither side sought expenses in this matter.

July 13, 2016

Edward Lee

Arbitrator

Date