Financial Services Commission des Commission services financiers of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 239

FSCO A13-011666 and A13-011667

BETWEEN:

JEGANATHAN ALAKIYAN and JUDY SANTHIYAPILLAI

Applicant

and

WAWANESA MUTUAL INSURANCE COMPANY

Insurer

Before: Arbitrator Janet Davies

Heard: By telephone conference on July 22, 2016

Appearances: Mr. Jeganathan Alakiyan and Ms. Judy Santhiyapillai participated Ms. Olivia Cheng participated for Wawanesa Mutual Insurance Company

Issues:

The Applicants, Mr. Jeganathan Alakiyan and Ms. Judy Santhiyapillai, were injured in a motor vehicle accident on March 23, 2011 and sought accident benefits from Wawanesa Mutual Insurance Company (“Wawanesa”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and the Applicants, through their 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:

Should Mr. Jeganathan Alakiyan’s and Ms. Judy Santhiyapillai’s Applications for Arbitration be dismissed?
Is Wawanesa entitled to its expenses for this Arbitration proceeding?

Result:

Mr. Jeganathan Alakiyan’s and Ms. Judy Santhiyapillai’s Applications for Arbitration are dismissed.
Wawanesa withdrew its request for expenses, therefore, none were awarded.

EVIDENCE AND ANALYSIS:

Request to Withdraw as Representative

During a separate proceeding, the law firm of Taylor, Steinberg & Baber Professional Corporation was removed from the record as Mr. Jeganathan Alakiyan’s and Ms. Judy Santhiyapillai’s legal counsel due to a break down in the client solicitor relationship at the request of both legal counsel and the Applicants.

Request to Dismiss the Applications for Arbitration

As the Applicants did not attend the initial Pre-Hearing on June 7, 2016 and attempts by their legal counsel to contact them failed, Insurer’s Counsel requested at that time to dismiss their Applications for Arbitration with cost consequences. A Motion date was set for July 22, 2016 at 9:30 a.m., by telephone. The parties were notified by mail.

During the Motion, in which the Applicants participated, they stated that they had no idea that counsel had filed the Applications for Arbitration and had no interest in continuing with these Applications and did not wish to be contacted regarding this proceeding again.

On consent of the parties, the Applications for Arbitration are dismissed.

EXPENSES:

The Insurer requested expenses in the amount of $8,000.00 in having to prepare for the Arbitration proceedings.

As Mr. Jeganathan Alakiyan and Ms. Judy Santhiyapillai consented to the dismissal of their Applications for Arbitration, Wawanesa withdrew its request for expenses, therefore, none were awarded.

September 12, 2016

Janet Davies Arbitrator

Date