Financial Services Commission of Ontario
Neutral Citation: 2016 ONFSCDRS 282 FSCO A14-010035
BETWEEN:
RATHA RAVEENKUMAR Applicant
and
AVIVA CANADA INC. Insurer
REASONS FOR DECISION
Before: Arbitrator Benjamin Drory Heard: In-person at ADR Chambers on October 13, 2016
Appearances: Ms. Ratha Raveenkumar did not participate Mr. Alim Ramji for Ms. Ratha Raveenkumar Mr. Amit Kwatra and Ms. Han Nguyen for Aviva Canada Inc.
Issues:
The Applicant, Ms. Ratha Raveenkumar, was injured in a motor vehicle accident on September 30, 2012 and sought accident benefits from Aviva Canada Inc. ("Aviva"), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. Raveenkumar, 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 Ms. Raveenkumar's Application for Arbitration be dismissed?
- Should D'Angela Fox Vanounou LLP be permitted off-the-record as legal representative for Ms. Raveenkumar?
- Is Aviva entitled to its expenses of the proceeding?
Result:
- Ms. Raveenkumar's Application for Arbitration is dismissed.
- D'Angela Fox Vanounou LLP is removed from the record as legal representative for Ms. Raveenkumar.
- Aviva is entitled to its expenses for this matter in the amount of $1,000.00, as requested.
EVIDENCE AND ANALYSIS:
Chronology
A Pre-Hearing discussion in this case was held at the offices of ADR Chambers on June 9, 2016 at 9:00 a.m., at which Ms. Raveenkumar failed to appear. That same day, I sent a letter to Ms. Raveenkumar at her last known address to advise her of the missed Pre-Hearing discussion. The letter provided Ms. Raveenkumar with an Attendance Notice, setting a date of October 13, 2016, starting at 10:30 a.m., in-person at the offices of ADR Chambers, to hear the issues identified in the Application for Arbitration. The letter also advised her that should she not contact our office or participate in any further proceedings, I might dismiss her Application and consider Aviva's request for expenses.
Motion to be Removed from the Record
At the commencement of the proceeding on October 13, 2016, Ms. Raveenkumar's legal representative, Mr. Alim Ramji of D'Angela Fox Vanounou LLP, orally requested to be removed from the record as Ms. Raveenkumar's representative, on the basis of a breakdown in the solicitor-client relationship. He also provided me with written materials in support of this request, which complied with Rule 9.7 of the Dispute Resolution Practice Code ("DRPC").
I am satisfied, both from Mr. Ramji's submission and also from Ms. Raveenkumar's repeated non-attendance, that there has been a breakdown in the solicitor-client relationship. Accordingly, I permit D'Angela Fox Vanounou LLP to be removed from the record as legal representative for Ms. Raveenkumar.
The Dismissal
For the reasons that follow, Ms. Raveenkumar's Application for Arbitration is dismissed.
Ms. Raveenkumar did not attend at, or otherwise participate in, the proceeding on October 13, 2016. I am satisfied that Ms. Raveenkumar was given notice of all of the proceedings related to her Application for Arbitration at her last known address. Pursuant to Rule 37.7 of the DRPC, the Arbitration Hearing proceeded in her absence. Ms. Raveenkumar bears the onus of proving entitlement to the claimed benefits. Since she did not appear at the Hearing and no evidence was presented to support her claims, this Arbitration is dismissed.
EXPENSES:
Aviva orally requested expenses in the amount of $1,000.00 respecting this proceeding. Aviva explained that it had attended two Pre-Hearings respecting the matter (June 9, 2016 and October 13, 2016), and Ms. Raveenkumar's conduct throughout the life of her case had repeatedly caused expenses to be incurred unnecessarily. Aviva elaborated that Ms. Raveenkumar had failed to attend IEs on multiple occasions, as well as an EUO. Even a simple phone call at any point in advance of these proceedings could have prevented all representatives from attending unfruitfully. No submissions were presented by Ms. Raveenkumar.
I agree with Aviva's submissions, and find the amount requested reasonable relative to what is typically observed at this Commission. Accordingly, I grant Aviva the full $1,000.00 in expenses requested.
October 24, 2016
Benjamin Drory Arbitrator
Date
Financial Services Commission of Ontario
Neutral Citation: 2016 ONFSCDRS 282 FSCO A14-010035
BETWEEN:
RATHA RAVEENKUMAR Applicant
and
AVIVA CANADA INC. 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:
- Ms. Ratha Raveenkumar's Application for Arbitration is dismissed.
- D'Angela Fox Vanounou LLP is removed from the record as legal representative for Ms. Raveenkumar.
- Aviva is entitled to its expenses for this matter in the amount of $1,000.00, as requested.
October 24, 2016
Benjamin Drory Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.