Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 213

FSCO A12-003808

BETWEEN:

CHRISTOPHER IYIRHIARO

Applicant

and

CERTAS DIRECT INSURANCE COMPANY

Insurer

Before: Arbitrator Irvin H. Sherman, Q.C.

Heard: In person at ADR Chambers on May 2, 2016 and July 15, 2016

Appearances: Mr. Christopher Iyirhiaro did not participate

Mr. John P. Desjardins participated for Certas Direct Insurance Company

Issues:

The Applicant, Mr. Christopher Iyirhiaro, was injured in a motor vehicle accident on August 29, 2010 and sought accident benefits from Certas Direct Insurance Company (“Certas”) payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and the Applicant, 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 issue in this Hearing is:

Should the Applicant’s Application for Arbitration be dismissed?
Is Certas entitled to its expenses of the Arbitration Hearing and if so, in what amount?

Result:

The Application for Arbitration made by the Applicant is dismissed.
Certas is awarded the amount of $2,000.00 in expenses, inclusive of HST.

EVIDENCE AND ANALYSIS:

The Arbitration Hearing in this matter was scheduled to be held on May 2, 2016 at 10:00 a.m. at the offices of ADR Chambers. Mr. Iyirhiaro was not present and thereby did not participate. Ms. Michelle Arzaga of Pace Law Firm participated on behalf of Mr. Iyirhiaro. Mr. John P. Desjardins represented Certas. Mr. Darren Rodrigues participated on behalf of Certas.

Ms. Arzaga brought a Motion requesting that she and her law firm be removed as counsel of record for Mr. Iyirhiaro because there was a breakdown in the solicitor-client relationship. Certas did not oppose this motion. Upon hearing the submissions of Ms. Arzaga, I allowed her motion and ordered that Ms. Michelle Arzaga and Pace Law Firm be removed as counsel of record for Mr. Iyirhiaro.

I adjourned the Hearing to be held at the offices of ADR Chambers on July 15, 2016 at 10:00 a.m. In my letter, dated May 3, 2016, I advised Mr. Iyirhiaro that his Application for Arbitration may be dismissed with expenses payable by him. He was further advised of his right to counsel because his former lawyers were no longer acting for him.

A copy of my letter, dated May 3, 2016, was sent to Mr. Iyirhiaro by registered and regular mail to his last known address. A copy of this letter was also sent to him by e-mail.

Mr. Iyirhiaro has not responded to my letter or to the e-mail. He did not appear nor did anyone act for him at the Hearing.

Mr. Desjardins, on behalf of Certas, moved at the Hearing that this matter be dismissed with expenses payable by Mr. Iyirhiaro. In view of Mr. Iyirhiaro’s failure to attend the Arbitration proceedings, the fact that his accident occurred almost six years ago and his seemingly unwillingness to pursue his claim for accident benefits, I find that the appropriate disposition is to dismiss Mr. Iyirhiaro’s Application for Arbitration.

Conclusion

I order that the Application for Arbitration made by Mr. Christopher Iyirhiaro be dismissed.

EXPENSES:

It is appropriate that Certas be awarded expenses in the circumstances of this matter.

Certas is awarded the amount of $2,000.00 in expenses, inclusive of HST.

August 8, 2016

Irvin H. Sherman, Q.C.

Arbitrator

Date