Fernando Bastiampillai v. State Farm Mutual Automobile Insurance Company, 2016 ONFSCDRS 299

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 299

FSCO A13-003120

BETWEEN:

FERNANDO BASTIAMPILLAI

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Dana Hirsh

Heard: August 16, 2016, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: No one appearing for Mr. Bastiampillai Jessica Bacopulos for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Fernando Bastiampillai, claims that he was injured in a motor vehicle accident on April 6, 2010. He applied for statutory 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 Mr. Bastiampillai applied for arbitration at the Financial Services Commission of Ontario (“FSCO”) under the Insurance Act, R.S.O. 1990, c.I.8, as amended.

The issues in this hearing are:

Should Mr. Bastiampillai’s Application for Arbitration be dismissed?
Is Mr. Bastiampillai liable to pay State Farm’s expenses in respect of the arbitration?

Result:

Mr. Bastiampillai’s Application for Arbitration is dismissed.
Mr. Bastiampillai shall pay to State Farm its expenses of this proceeding, fixed in the amount of $500.00, inclusive of fees, disbursements and H.S.T.

EVIDENCE AND ANALYSIS:

Background

Prior to the pre-hearing in this matter, on March 7, 2014, Mr. Andrew Mantella brought a motion for an order permitting Pace Law Firm (“Pace”) to withdraw from this proceeding as Mr. Bastiampillai’s legal representatives of record. Mr. Mantella advised that there had been a breakdown in the solicitor-client relationship between himself and Mr. Bastiampillai. The motion was unopposed by the Insurer.

On March 24, 2014, Senior Arbitrator Janine Macey issued an order permitting Pace Law Firm to withdraw as Mr. Bastiampillai’s legal representatives of record on the basis that they had met the requirements of Rule 9 of the Dispute Resolution Practice Code (Fourth Edition – Updated January 2014), and that there had been a breakdown in the solicitor-client relationship.

On July 15, 2016, a pre-hearing was held before me at 11:30 a.m., at the offices of FSCO. Mr. Bastiampillai failed to appear. At the pre-hearing discussion, a hearing date was scheduled for August 16, 2016, at 10:00 a.m., at the offices of FSCO. A pre-hearing letter dated July 19, 2016, setting the hearing date of August 16, 2016, in bold, was sent to Mr. Bastiampillai at his last known address.

A Notice of Hearing, dated July 23, 2016, confirming the August 16, 2016 hearing, was also sent to Mr. Bastiampillai as his last known address.

The Arbitration Hearing

The hearing was scheduled to commence at 10:00 a.m. on August 16, 2016, at the offices of FSCO. At that time, Ms. Bacopulos, legal counsel, appeared on behalf of State Farm. By approximately 10:30 a.m., Mr. Bastiampillai had still not appeared, nor did anyone on his behalf.

Being satisfied that Mr. Bastiampillai had been properly served at his last known address with the Notice of Hearing, the arbitration proceeded in his absence.

As Mr. Bastiampillai did not attend to present any evidence, he failed to prove his entitlement to any of the benefits claimed. Accordingly, I dismissed his claims.

EXPENSES:

The Insurer is seeking expenses in the total amount of $1,000.00, inclusive of all fees, disbursements and any applicable taxes, to be paid if Mr. Bastiampillai reactivates any further claims in relation to this motor vehicle accident. The Insurer was entirely successful as all of Mr. Bastiampillai’s claims were dismissed. Accordingly, it is entitled to its reasonable expenses of this arbitration proceeding.

Taking into consideration that this was an uncontested hearing, I fix expenses at $500.00, inclusive of all fees, disbursements and any applicable taxes.

November 9, 2016

Dana Hirsh Arbitrator

Date