DECISION ON A MOTION

Before: Arbitrator Irvin H. Sherman

Heard: In person at ADR Chambers on September 15, 2016 and by written submissions due October 20, 2016

Appearances: Mr. Dmitry Obouhov did not participate Mr. Bruce Chambers participated for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Mr. Dmitry Obouhov, was injured in a motor vehicle accident on October 10, 2013 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 his 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 Motion are:

Should the Application for Arbitration brought by Mr. Dmitry Obouhov be dismissed?
Is Mr. Obouhov liable to pay State Farm’s expenses in this matter?

Result:

The Application for Arbitration brought by Mr. Dmitry Obouhov is dismissed.
Mr. Dmitry Obouhov is ordered to pay State Farm’s expenses fixed at $1,500.00. Mr. Obouhov is not permitted to take any further steps in this matter prior to his paying the expenses.

EVIDENCE AND ANALYSIS:

A Pre-Hearing discussion in this matter was held on October 7, 2015. Mr. Obouhov did not participate in this discussion. He was represented by counsel. The Hearing date for his Arbitration was scheduled for November 15-17, 2016.

Mr. Obouhov’s counsel sought an Order being removed as counsel of record for Mr. Obouhov by reason of her failing to receive instructions from Mr. Obouhov. Counsel for State Farm did not oppose this Motion. Mr. Obouhov had notice of his counsel’s Motion to be removed from the record. He did not respond or appear at this Motion. On July 22, 2016, I ordered that Mr. Obouhov’s counsel be removed as counsel of record.

Mr. Obouhov was then sent a letter by ADR Chambers advising him (a) that if he did not respond to the letter by October 20, 2016, his Application for Arbitration may be dismissed with expenses payable by him, and (b) of his right to seek new counsel.

Mr. Obouhov has not participated in any meaningful manner in the Arbitration process despite his received notices of all proceedings and of his right to counsel. Mr. Obouhov has not responded to the letter advising him that his Application for Arbitration may be dismissed, and there is no persuasive evidence to indicate that Mr. Obouhov has retained new counsel. The appropriate disposition of this matter is to dismiss Mr. Obouhov’s Application for Arbitration with expenses.

EXPENSES:

Expenses are fixed at $1,500.00. Mr. Obouhov may not participate further in this matter without first paying the expenses now ordered against him. It is so ordered.

November 14, 2016

Irvin H. Sherman Arbitrator

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 brought by Mr. Dmitry Obouhov is dismissed.
Mr. Dmitry Obouhov is ordered to pay State Farm’s expenses fixed at $1,500.00. Mr. Dmitry Obouhov is not permitted to take any further steps in this matter prior to his paying the expenses.