Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 238

FSCO A13-006502

BETWEEN:

DIPCHAND SEEPERSAD

Applicant

and

WAWANESA MUTUAL INSURANCE COMPANY

Insurer

DECISION ON A MOTION

Before: Arbitrator Janet Davies

Heard: By telephone conference August 2, 2016

Appearances: Mr. Dipchand Seepersad participated

Ms. Andrew Papadimitropoulos participated for Wawanesa Mutual Insurance Company

Issues:

The Applicant, Mr. Dipchand Seepersad, was injured in a motor vehicle accident on June 22, 2009 and sought accident benefits from Wawanesa Mutual Insurance Company (“Wawanesa”), payable under the Schedule.¹ The parties were unable to resolve the disputes through mediation, and Mr. Dipchand Seepersad, 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 Motion are:

1. Should Mr. Seepersad’s Application for Arbitration be dismissed?

2. Is Wawanesa entitled to its expenses for this Arbitration proceeding?

Result:

1. Mr. Seepersad’s Application for Arbitration is dismissed.

2. Wawanesa withdrew its request for expenses, therefore, none were awarded.

EVIDENCE AND ANALYSIS:

During a separate proceeding, Mr. Seepersad confirmed that Mr. Gayed was no longer representing him due to a breakdown in the client-solicitor relationship. Mr. Gayed was then removed from the record as Mr. Seepersad’s legal counsel and Mr. Seepersad represented himself.

Request to Dismiss the Application for Arbitration

With a copy to Mr. Seepersad, on August 1, 2016, counsel for the Insurer requested that Mr. Seepersad’s Application for Arbitration be dismissed on the basis that it is frivolous, vexatious and was commenced in bad faith. The Insurer further argued that the lack of evidence and the change in counsel for the third time has prolonged the process.

In writing on August 1, 2016 and orally at the Motion, Mr. Seepersad requested that his Application for Arbitration dismissed as he was fed up with his legal representation and the process and no longer wished to pursue this matter.

Decision

On consent of the parties, the Application for Arbitration is dismissed.

EXPENSES:

The Insurer requested expenses in having to prepare for the Arbitration proceedings over an extended period of time. As Mr. Seepersad agreed to the dismissal of his Application for Arbitration, the Insurer withdrew its request for expenses, therefore, none were awarded.

September 12, 2016

Janet Davies

Arbitrator

Date

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 238

FSCO A13-006502

BETWEEN:

DIPCHAND SEEPERSAID

Applicant

and

WAWANESA MUTUAL INSURANCE COMPANY

Insurer

ARBITRATION ORDER

Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as it read immediately before being amended by Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, and Ontario Regulation 664, as amended, it is ordered that:

1. Mr. Dipchand Seepersad’s Application for Arbitration is dismissed.

2. Wawanesa withdrew its request for expenses, therefore, none were awarded.

September 12, 2016

Janet Davies

Arbitrator

Date

Footnotes

1. 1Effective September 1, 2010, the Statutory Accident Benefits Schedule – Effective September 1, 2010 (the “new SABS”) came into force. The transition rules in the new SABS provide that, subject to certain exceptions, benefits that would have been available pursuant to the Statutory Accident Benefits Schedule – Accidents on or after November 1, 1996 (the “old SABS”) shall be paid under the new SABS, but in amounts determined under the old SABS.