Financial Services Commission of Ontario
Neutral Citation: 2016 ONFSCDRS 94 FSCO A15-000866
Between:
Dedra Thomas Applicant
and
Pafco Insurance Company Insurer
Reasons for Decision
Before: Arbitrator Benjamin Drory Heard: By teleconference on February 8, 2016
Appearances: Ms. Dedra Thomas did not participate Ms. Olga Kanevsky participated for Ms. Dedra Thomas Mr. Matthew Owen participated for Pafco Insurance Company
Issues:
The Applicant, Ms. Dedra Thomas, was injured in a motor vehicle accident on December 6, 2012 and sought accident benefits from Pafco Insurance Company ("Pafco"), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. Thomas, 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 Ms. Thomas' Application for Arbitration be dismissed?
- Should Kanevsky Law Office be permitted to be removed from the record as solicitor for Ms. Thomas?
- Is Pafco entitled to its expenses of the proceeding?
Result:
- Ms. Thomas' Application for Arbitration is dismissed.
- Kanevsky Law Office is removed from the record as solicitor for Ms. Thomas.
- Both parties are invited to independently submit written submissions to me respecting expenses, within 30 days of the date of this decision.
Evidence and Analysis:
Chronology
A Pre-Hearing discussion in this case was held at the offices of ADR Chambers on December 8, 2015 at 11:30 a.m., at which Ms. Thomas failed to appear.
On that same day, I sent a letter to Ms. Thomas at her last known address to advise her of the missed Pre-Hearing discussion. The letter provided Ms. Thomas with an Attendance Notice, setting a date of February 8, 2016 starting at 10:30 a.m., to hear the issues identified in the Application for Arbitration. The letter also advised her that should she not contact our office or participate in any further proceedings, I might dismiss her application and consider Pafco's request for expenses.
The Dismissal
For the reasons that follow, Ms. Thomas' Application for Arbitration is dismissed.
Ms. Thomas did not participate in the teleconference on February 8, 2016. I called her last-known number in the Financial Services Commission of Ontario's registration database, which was also provided to me by her legal representative. I called and received no response at 10:34 a.m., and I left a message. I subsequently called at 11:00 a.m., and again received no response. I indicated in a message at the time that the matter would be dismissed.
I am satisfied that Ms. Thomas was given notice of all of the proceedings related to her Arbitration at her last known address.
Pursuant to Rule 37.7 of the Dispute Resolution Practice Code ("DRPC"), the Arbitration Hearing proceeded in her absence.
Ms. Thomas 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, this Arbitration is dismissed.
The Motion for Kanevsky Law Office to be removed from the Record as Solicitor to Ms. Thomas
Prior to the Hearing proceeding, I received a motion from Kanevsky Law Office, on February 1, 2016, requesting that their firm be removed as solicitor of record for Ms. Thomas in this proceeding.
Having reviewed the written materials submitted, and considering the totality of the circumstances, I am satisfied that there has been a breakdown in the solicitor-client relationship. Accordingly, I order that Kanevsky Law Office be removed from the record as solicitors for Ms. Thomas.
Expenses:
Both parties are invited to submit written submissions to my attention, via ADR Chambers, within 30 days of the date of this Order, respecting what (if any) they believe would be an appropriate award of expenses in this matter, pursuant to Rule 75 of the DRPC.
March 21, 2016
Benjamin Drory Arbitrator
Arbitration Order
Neutral Citation: 2016 ONFSCDRS 94 FSCO A15-000866
Between:
Dedra Thomas Applicant
and
Pafco Insurance Company Insurer
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- Ms. Thomas' Application for Arbitration is dismissed.
- Kanevsky Law Office is removed from the record as solicitor for Ms. Thomas.
- Both parties are invited to independently submit written submissions to me respecting expenses, within 30 days of the date of this decision.
March 21, 2016
Benjamin Drory Arbitrator
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.