Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 285
FSCO A15-008466
BETWEEN:
(ANTHONY) CLAUDE RHODEN
Applicant
and
PERSONAL INSURANCE COMPANY OF CANADA
Insurer
DECISION ON A MOTION
Before: Arbitrator Harvey Savage
Heard: By teleconference call on September 13, 2016
Appearances: Mr. (Anthony) Claude Rhoden did not participate Mr. Ryan Goodman participated for Personal Insurance Company of Canada
Issues:
The Applicant, Mr. (Anthony) Claude Rhoden, was injured in a motor vehicle accident which occurred on May 9, 2014. He applied for accident benefits from Personal Insurance Company of Canada (“Personal”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and the Applicant 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 the Applicant’s Application for Arbitration be dismissed?
Should Personal be awarded its expenses?
Result:
The Applicant’s Application for Arbitration is dismissed.
Personal is awarded the amount of $500.00, including HST, for its expenses, payable forthwith.
EVIDENCE AND ANALYSIS:
There was a Pre-Hearing conducted; however, the Applicant did not appear, and following that, his former counsel was unable to contact him.
Pursuant to a written request to be removed from the record as well as supporting materials filed, the Applicant’s former counsel was removed from the record on April 29, 2016 by Order of Arbitrator Drory.
I am satisfied that the Applicant has been notified of all proceedings to date and was either aware that he was to attend the Motion scheduled for September 13, 2016 or wilfully placed himself in a position of not being aware by failing to notify either ADR Chambers or any counsel, including his previous counsel, that his address had changed. I am also satisfied that the Applicant was aware or ought to have been aware that his failure to attend might result in Personal bringing a Motion to dismiss the Application for Arbitration. The Applicant has the onus of proof to establish his entitlement to accident benefits under his Application for Arbitration and his failure to attend to the Motion accordingly means that he has failed to meet this onus.
Conclusion
I hereby dismiss the Application for Arbitration.
EXPENSES:
I award expenses to the Insurer in the amount of $500.00, including HST, payable forthwith. The Applicant was advised that expenses may be awarded against him for prolonging the process unnecessarily. I awarded expenses at my discretion to the Insurer in all the circumstances.
October 24, 2016
Harvey Savage
Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 285
FSCO A15-008466
BETWEEN:
(ANTHONY) CLAUDE RHODEN
Applicant
and
PERSONAL INSURANCE COMPANY OF CANADA
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 Applicant’s Application for Arbitration is dismissed.
Personal is awarded the amount of $500.00, including HST, for its expenses, payable forthwith.
October 24, 2016
Harvey Savage
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.