Financial Services Commission of Ontario
Neutral Citation: 2016 ONFSCDRS 97
FSCO A15-000878
BETWEEN:
MOH'D ZBAIDI
Applicant
and
RBC GENERAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Arbitrator Sudabeh Mashkuri
Heard: March 8, 2016 in Hamilton, Ontario.
Appearances: No one appearing for Mr. Zbaidi Jeffery Naganobu for RBC General Insurance Company
Issues:
The Applicant, Moh'd Zbaidi, was injured in a motor vehicle accident on May 4, 2011. He applied for statutory accident benefits from RBC General Insurance Company (“RBC”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Mr. Zbaidi applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The issue in this hearing is:
- Whether the Application for Arbitration should be dismissed?
Result:
- The Application for Arbitration is dismissed.
EVIDENCE AND ANALYSIS:
The pre-hearing for this file was originally scheduled for October 1st, 2015. Mr. Zbaidi was not available. Ms. Salman, licensed paralegal, representing Mr. Zbaidi informed the parties that she has been unable to contact her client. The pre-hearing was adjourned to January 19, 2016 so that Ms. Salman could make further efforts to contact Mr. Zbaidi and if unsuccessful a motion to removal of representative would be brought. At the pre-hearing discussion on January 19, 2016, Mr. Zbaidi was not available and his representative, Ms. Salman, was removed as the representative for the Applicant. The Arbitrator was satisfied that Mr. Zbaidi was given proper notice of the two pre-hearings and scheduled an arbitration hearing.
The hearing for this matter was scheduled for March 8, 2016. At the commencement of the hearing on March 8, 2016, I adjourned the hearing for 20 minutes giving the Applicant an opportunity to appear. The Applicant failed to appear and the hearing in the matter proceeded in his absence. I am satisfied that the Applicant was properly served with the Notice of this hearing. Further, every opportunity was given to the Applicant to advance his claim. Hearing no evidence from Mr. Zbaidi, and hearing no evidence from RBC that would support Mr. Zbaidi claim, I find that the Applicant has failed to meet the burden of proving his claim. Therefore, his claim for benefits is dismissed.
EXPENSES:
With regards to the expenses in this hearing, RBC has exercised diligence and pursued this matter without Mr. Zbaidi appearing to advance his claim. Mr. Naganobu appeared at all the proceedings and provided a reasonable bill of costs. The general approach with respect to fees is to take a pragmatic, broad-strokes approach, with a view to fixing an amount that is reasonable. I find that Mr. Zbaidi having failed to appear on this matter, and not succeeding on the issues in dispute, is disentitled to expenses. I fix RBC’s expenses in the amount of $700.00.
March 22, 2016
Sudabeh Mashkuri Date Arbitrator
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
Mr. Zbaidi’s Application for Arbitration is dismissed.
Mr. Zbaidi shall pay RBC’s expenses in the amount of $700.00, inclusive of HST, in respect of the arbitration under subsection 282(11) of the Insurance Act.
March 22, 2016
Sudabeh Mashkuri Date Arbitrator
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.