Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 294
FSCO A14-005812
BETWEEN:
ILENE NUGENT
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before:
Arbitrator M. J. Winer, Q.C.
Heard:
In person at ADR Chambers on October 24, 2016
Appearances:
Ms. Ilene Nugent did not participate Mr. Vivek David did not participate for Ms. Ilene Nugent Mr. Paul Omeziri participated for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Ms. Ilene Nugent, was injured in a motor vehicle accident on June 10, 2012, 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 the Applicant, 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 be dismissed?
Should the Insurer be granted its expenses of the proceedings?
Result:
The Application for Arbitration is dismissed.
If the parties are unable to agree on the entitlement to, or quantum of, the expenses of this matter, the parties may request an appointment with me for determination of same in accordance with Rules 75 to 79 of the Dispute Resolution Practice Code.
EVIDENCE AND ANALYSIS:
This three-day Hearing was scheduled to begin October 24, 2016 at 10:00 a.m., at ADR Chambers located at 180 Duncan Mill Road in Toronto. Neither the Applicant nor her new counsel of record, Mr. Vivek David, appeared. After 10:30 a.m., counsel for the Insurer moved to dismiss the Application for Arbitration.
I am satisfied that the Applicant and her counsel have been notified of this Hearing date and that the Hearing would proceed in their absence. In accordance with Ru1e 37.9 of the Dispute Resolution Practice Code, I grant the Motion for dismissal. Counsel for the Insurer has asked me to defer any Order for expenses to get instructions, and I have acceded to his request.
EXPENSES:
If the parties are unable to agree on the entitlement to, or quantum of, the expenses of this matter, the parties may request an appointment with me for determination of same in accordance with Rules 75 to 79 of the Dispute Resolution Practice Code.
November 7, 2016
M. J. Winer, Q.C. Arbitrator
Date
Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 294
FSCO A14-005812
BETWEEN:
ILENE NUGENT
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 is dismissed.
If the parties are unable to agree on the entitlement to, or quantum of, the expenses of this matter, the parties may request an appointment with me for determination of same in accordance with Rules 75 to 79 of the Dispute Resolution Practice Code.
November 7, 2016
M. J. Winer, Q.C. Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.