Financial Services Commission of Ontario
Neutral Citation: 2016 ONFSCDRS 251
FSCO A13-008186
BETWEEN:
NIKISHA FISHER
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Arbitrator Irvin H. Sherman, Q.C.
Heard: In person at ADR Chambers on September 7, 2016
Appearances:
Mrs. Nikisha Fisher did not participate Mr. Thomas Hughes participated for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Mrs. Nikisha Fisher, was injured in a motor vehicle accident on February 25, 2010 and sought accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Mrs. Fisher, through her 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 Hearing are:
Should the Application for Arbitration brought by Mrs. Fisher be dismissed?
Is Mrs. Fisher liable to pay State Farm’s expenses in this matter?
Result:
The Application for Arbitration brought by Mrs. Fisher is dismissed.
Mrs. Fisher is ordered to pay State Farm’s expenses in this matter fixed at $1,500.00.
EVIDENCE AND ANALYSIS:
A Pre-Hearing discussion in this matter was held on June 18, 2015. Mrs. Fisher participated in the Pre-Hearing discussion at which time the Arbitration Hearing was scheduled for September 7-9, 2016 at 10:00 a.m. at the offices of ADR Chambers. A copy of the Pre-Hearing letter was sent to Mrs. Fisher at her last known address. Mrs. Fisher’s counsel, Laru Legal Services Professional Corporation, sought to be removed as counsel of record because of a breakdown in the professional relationship between counsel and Mrs. Fisher. Laru Legal Services Professional Corporation was removed as counsel of record for Mrs. Fisher by order of Arbitrator Parish, dated July 13, 2016. In her decision letter, dated July 13, 2016, Arbitrator Parish advised Mrs. Fisher of her right to counsel and of the date scheduled for her Arbitration Hearing.
The Hearing in this matter was scheduled to commence at 10:00 a.m. on September 7, 2016. I held the matter down until 10:30 a.m. in order to see if Mrs. Fisher would attend her Arbitration Hearing. She did not attend the Arbitration Hearing.
I am satisfied that Mrs. Fisher had proper notice of the Hearing. There is no persuasive evidence to show that Mrs. Fisher never received any of the letters sent to her by ADR Chambers with respect to this Arbitration. Mrs. Fisher has made no effort to contact ADR Chambers with respect to her Application for Arbitration. Accordingly, I order that the Application for Arbitration made by Mrs. Fisher be dismissed with costs payable by her to State Farm, fixed in the amount of $1500.00.
September 26, 2016
Irvin H. Sherman, Q.C. Arbitrator
Date
Financial Services Commission of Ontario
Neutral Citation: 2016 ONFSCDRS 251
FSCO A13-008186
BETWEEN:
NIKISHA FISHER
Applicant
and
STATE FARM MUTUAL AUTOMOBILE 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:
The Application for Arbitration brought by Mrs. Nikisha Fisher is dismissed.
It is ordered that Mrs. Nikisha Fisher pay State Farm’s expenses in this matter fixed at $1,500.00.
September 26, 2016
Irvin H. Sherman, Q.C. Arbitrator
Date
Footnotes
- Effective 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.