Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 240

FSCO A14-003486

BETWEEN:

LEON MANRADGE

Applicant

and

PERSONAL INSURANCE COMPANY OF CANADA

Insurer

Before:

Arbitrator Jeff Musson

Heard:

By teleconference on July 8, 2016

Appearances:

Mr. Leon Manradge did not participate

Mr. Christian Farahat participated for Personal Insurance Company of Canada

Issues:

The Applicant, Mr. Leon Manradge, was injured in a motor vehicle accident on March 16, 2011 and sought accident benefits from the Personal Insurance Company of Canada (“Personal”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Manradge, 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 Motion is:

Should the Applicant’s Application for Arbitration be dismissed?

Result:

The Applicant’s Application for Arbitration is dismissed.

EVIDENCE AND ANALYSIS:

BACKGROUND

At the initial Pre-Hearing on August 20, 2015, Ms. Mireille Dahab requested to be removed as counsel of record for the Applicant. The Insurer consented and I granted this request. A letter was sent to the Applicant on August 20, 2015, advising him to contact ADR Chambers in order to outline how he would like to proceed with respect to this Application for Arbitration. At that time, I also advised that if I did not receive a response from the Applicant by September 20, 2015, that ADR Chambers would be closing its file. A response was never received by myself or ADR Chambers from Mr. Manradge.

Subsequently, Insurer’s counsel brought forward a Motion under Rule 68 of the Dispute Resolution Practice Code to dismiss the Applicant’s Application for Arbitration.

DECISION

Dismissal

The onus of proof is on the Applicant to establish his entitlement to benefits. His failure to respond to my Pre-Hearing letter of August 20, 2015, in addition to his failure to attend this Motion would in my opinion make it appear that the Applicant has effectively abandoned his claim.

Further, the Insurer advised that they have not heard from the Applicant and have not received any treatment and assessment plans or any other documentation since the initial Pre-Hearing in this matter on August 20, 2015. As I have not received a response from the Applicant, nor has the Insurer and the Applicant did not attend the proceedings, I am now ordering that the Applicant’s Application be dismissed on a without cost basis.

EXPENSES:

This dismissal is on a without costs basis.

September 12, 2016

Jeff Musson

Arbitrator

Date