Hassen Fadhlaoui v. Certas Direct Insurance Company, 2017 ONFSCDRS 117

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2017 ONFSCDRS 117

FSCO A14-003922

BETWEEN:

HASSEN FADHLAOUI

Applicant

and

CERTAS DIRECT INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Edward Lee

Heard: February 13, 2017, at the offices of the Financial Services Commission of Ontario in Toronto

Appearances: Mr. Fadhlaoui did not attend. No one appeared for Mr. Fadhlaoui.

John P. Desjardins for Certas Direct Insurance Company

Issues:

The Applicant, Hassen Fadhlaoui, was injured in a motor vehicle accident on December 11, 2011. He applied for statutory accident benefits from Certas Direct Insurance Company (“Certas”), payable under the Schedule.¹ Disputes arose about the claims and the parties were unable to resolve those disputes through mediation. Mr. Fadhlaoui 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:

Was Mr. Fadhlaoui the driver of the vehicle involved in the above-mentioned December 11, 2011 automobile accident?
Is Mr. Fadhlaoui entitled to receive a non-earner benefit of $185.00/wk. from June 10, 2012 and ongoing?
Is Mr. Fadhlaoui entitled to receive a medical benefit for $85.00 claimed?
Is Mr. Fadhlaoui entitled to receive a rehabilitation benefit for $1,450.00, $1,650.00, and $2,155.00?
Is Certas liable to pay Mr. Fadhlaoui’s expenses in respect of the arbitration?
Is Mr. Fadhlaoui liable to pay Certas’s expenses in respect of the arbitration?
Is Mr. Fadhlaoui entitled to interest for the overdue payment of benefits?

Result:

Mr. Fadhlaoui’s application for accident benefits is dismissed.

EVIDENCE AND ANALYSIS:

This hearing is the continuation of a process which commenced before me on September 21, 2016. Mr. Fadhlaoui did not attend the hearing on that date, and Mr. Fadhlaoui’s former representative brought a motion to be removed from the record. I heard and granted that motion.

After granting the motion, I adjourned the hearing and sent a letter informing Mr. Fadhlaoui that his former representative had withdrawn from the record as his representative. I also informed Mr. Fadhlaoui that I would be scheduling his application for arbitration to be heard on February 13, 2017 at the offices of the Financial Services Commission of Ontario in Toronto. The issues to be heard were listed in my letter and reproduced from his application for accident benefits.

I reconvened the hearing on February 13, 2017. On this date Mr. Desjardins attended on behalf of Certas, accompanied by Mr. Darren Rodrigues of Certas. Mr. Fadhlaoui did not attend and did not send a representative. Further, I was satisfied that he had received notice of the hearing.

The applicant, Mr. Fadhlaoui, bears the burden of proving all the elements of his case. Mr. Fadhlaoui did not attend at his hearing and presented no evidence in regard to any of the issues listed in my letter of November 14, 2016.

Accordingly, Mr. Fadhlaoui’s application is dismissed.

April 19, 2017

Edward Lee

Arbitrator

Date