Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2016 ONFSCDRS 47

FSCO A14-007908

BETWEEN:

GLENDA ADU

Applicant

and

AVIVA CANADA INC.

Insurer

Before:

Arbitrator Kenneth Conroy

Heard:

In person at ADR Chambers on December 17, 2015

Appearances:

Ms. Glenda Adu did not participate

Mr. Amit Kwatra, Legal Counsel, participated for Aviva Canada Inc.

Ms. Han Nguyen, Insurance Rep, participated for Aviva Canada Inc.

Issues:

The Applicant, Ms. Glenda Adu, was injured in a motor vehicle accident on February 29, 2012 and sought accident benefits from Aviva Canada Inc. (“Aviva”), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Ms. Adu, 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 Motion are:

Should the Applicant’s Application for Arbitration be dismissed?
Is either party entitled to its expenses?

Result:

The Applicant’s Application for Arbitration is dismissed.
The Insurer is entitled to its expenses in the amount of $1,500.00 as a result of the Applicant’s failure to attend personally or by representative.

EVIDENCE AND ANALYSIS:

The Pre-Hearing was originally scheduled to be heard on November 10, 2015 at the offices of ADR Chambers. The Applicant did not attend and contacted ADR by telephone the day of the Pre-Hearing stating that she was unable to attend and that she had received her notice of the Pre-Hearing only the day before the scheduled date. On consent of the Insurer, the matter was rescheduled for December 17, 2015 and the Applicant was advised by letter, dated November 12, 2015, that the Pre-Hearing was rescheduled to the new date of December 17, 2015 at 9:30 a.m. and that either she or she and her newly authorized representative must attend. The Applicant was also advised that the Insurer had requested that her Application be dismissed with costs and that failure to attend may result in her file being closed or dismissed.

The Pre-Hearing resumed on December 17, 2015 and the Applicant failed to attend. Efforts were made to contact Ms. Adu by telephone, unsuccessfully, the morning of the resumed Pre-Hearing.

No representative attended on Ms. Adu’s behalf on December 17, 2015.

The Applicant was given written notice of the rescheduled Pre-Hearing on December 17, 2015 and, notwithstanding, failed to attend or advise of new representation. As she did not appear at the proceeding and no evidence was presented to support her claims, the Application for Arbitration is dismissed.

EXPENSES:

The Insurer is entitled to its expenses in the amount of $1,500.00 as a result of the Applicant’s failure to attend personally or by representative.

February 8, 2016

Kenneth Conroy Arbitrator

Date