Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 286
FSCO A16-002894
BETWEEN:
RENATO VIEIRA
Applicant
and
WAWANESA MUTUAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Arbitrator Kimberly Parish
Heard: By telephone conference on October 4, 2016
Appearances: Mr. Renato Vieira did not participate
Ms. Catherine Korte participated for Wawanesa Mutual Insurance Company
Issues:
The Applicant, Mr. Renato Vieira, was injured in a motor vehicle accident on August 17, 2013 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 Mr. Renato Vieira, through his representative at the time, 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 Mr. Renato Vieira’s Application for Arbitration be dismissed?
Is Mr. Renato Vieira liable to pay the Insurer’s expenses with respect to this Arbitration?
Result:
Mr. Renato Vieira’s Application for Arbitration is dismissed.
As no expenses were requested by Wawanesa with respect to this Hearing, no expenses were awarded.
EVIDENCE AND ANALYSIS:
Chronology
A Pre-Hearing discussion in this case was held on August 25, 2016 at 3:00 p.m., at the offices of ADR Chambers, at which Mr. Renato Vieira failed to appear.
On August 25, 2016, I sent a letter to Mr. Renato Vieira at his last known address to advise him of the missed Pre-Hearing discussion. The letter provided Mr. Renato Vieira with an Attendance Notice, setting a date of Tuesday October 4, 2016 at 9:00 a.m., to hear the issues identified in the Application for Arbitration. The letter also advised him that should he not contact our office or participate in any further proceedings, I would dismiss his Application for Arbitration and consider Wawanesa’s request for expenses.
The Dismissal
For the reasons that follow, Mr. Renato Vieira’s Application for Arbitration is dismissed.
As of October 4, 2016, I was unable to contact Mr. Renato Vieira by telephone at the last contact telephone number provided by his previous legal representative and the telephone number listed on the Application for Arbitration. Mr. Renato Vieira had yet to contact ADR Chambers as requested, and had not participated in any of the Arbitration proceedings.
I am satisfied that Mr. Renato Vieira was given notice of all of the proceedings related to his Application for Arbitration at his last known address.
Pursuant to Rule 37.7 of the Dispute Resolution Practice Code, the Arbitration Hearing proceeded in his absence.
Mr. Renato Vieira bears the onus of proving entitlement to the claimed benefits. Since he was not available for the Hearing and no evidence was presented to support his claims, this Application for Arbitration is dismissed.
EXPENSES:
As no expenses were requested by Wawanesa with respect to this Hearing, no expenses were awarded.
October 24, 2016
Kimberly Parish
Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 286
FSCO A16-002894
BETWEEN:
RENATO VIEIRA
Applicant
and
WAWANESA MUTUAL 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:
Mr. Renato Vieira’s Application for Arbitration is dismissed.
As no expenses were requested by Wawanesa with respect to this Hearing, no expenses were awarded.
October 24, 2016
Kimberly Parish
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.