Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 319
FSCO A15-008328
BETWEEN:
ANEESA MANZOOR
Applicant
and
GORE MUTUAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Arbitrator Irvin H. Sherman
Heard: In person at ADR Chambers on November 1, 2016
Appearances: Ms. Aneesa Manzoor did not participate Mr. Gurcharan Anand did not participate for Ms. Aneesa Manzoor No one from Gore Mutual Insurance Company participated
Issues:
The Applicant, Ms. Aneesa Manzoor, was injured in a motor vehicle accident on November 23, 2014 and sought accident benefits from Gore Mutual Insurance Company (“Gore Mutual”) payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. Manzoor, 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 brought by Ms. Manzoor be dismissed?
Is Ms. Manzoor liable to pay Gore Mutual’s expenses in this matter?
Result:
The Application for Arbitration brought by Ms. Manzoor is dismissed.
In all of the circumstances of this case, I have determined that expenses should not be awarded.
EVIDENCE AND ANALYSIS:
A Pre-Hearing discussion in this case was held before Arbitrator Jeffrey Shapiro on August 2, 2016, at which Ms. Manzoor failed to appear. Arbitrator Shapiro was unsuccessful in his attempt to contact Ms. Manzoor by telephone. Arbitrator Shapiro scheduled the Arbitration Hearing for November 1, 2016 at 11:00 a.m., at the offices of ADR Chambers. Ms. Manzoor was sent notice of this Hearing via letter, dated August 2, 2016, sent via regular and registered mail. Ms. Manzoor was advised that if she did not attend this Hearing that her Application for Arbitration may be dismissed and Gore Mutual’s expenses for the Arbitration Hearing may be awarded against her. In the event Ms. Manzoor attended the Hearing, either with or without counsel, the Hearing would not proceed but would be converted into a resumption of the Pre-Hearing discussion. Gore Mutual was advised that it need not prepare for a contested Hearing in this matter.
For the reasons that follow, the Application for Arbitration brought by Ms. Manzoor is dismissed.
Ms. Manzoor did not attend nor participate in the Arbitration Hearing. I am satisfied that Ms. Manzoor was given notice of all of the proceedings related to the Application for Arbitration at her last known address.
Pursuant to Rule 37.7 of the Dispute Resolution Practice Code, the Arbitration Hearing proceeded in her absence.
Ms. Manzoor bears the onus of proving entitlement to the claimed benefits. Since she did not appear at the Hearing and no evidence was presented to support her claims for entitlement to accident benefits, this Application for Arbitration is dismissed.
EXPENSES:
In all of the circumstances of this case, I have determined that expenses should not be awarded.
November 28, 2016
Irvin H. Sherman Arbitrator
Date
Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 319
FSCO A15-008328
BETWEEN:
ANEESA MANZOOR
Applicant
and
GORE 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:
This Application for Arbitration is dismissed.
In all of the circumstances of this case, I have determined that expenses should not be awarded.
November 28, 2016
Irvin H Sherman Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.