Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 119
FSCO A15-002617
BETWEEN:
ANDREY YAKUSHIN
Applicant
and
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY
Insurer
DECISION ON A PRELIMINARY ISSUE
Before: Edward Lee
Heard: April 11, 2017, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances: Stanley Razenberg for Mr. Yakushin
Anna-Marie Musson for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Andrey Yakushin, was injured in a motor vehicle accident on November 21, 2012. He applied for statutory accident benefits from State Farm Mutual Automobile Insurance Company (“State Farm”), payable under the Schedule.1 Disputes arose and the parties were unable to resolve these disputes through mediation. Mr. Yakushin then applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The preliminary issue is:
- Was Mr. Yakushin injured as a result of an “accident” as defined in section 3(1) of the Schedule?
Result:
- Mr. Yakushin was injured as a result of an “accident” as defined in section 3(1) of the Schedule.
EVIDENCE AND ANALYSIS:
At this preliminary issue hearing, State Farm conceded that Mr. Yakushin had indeed been injured as a result of an accident as defined in section 3(1) of the Schedule.
The hearing of this preliminary issue was thus completed. At this juncture, the parties scheduled a full hearing on the merits of the application to take place at the offices of the Financial Services Commission of Ontario in Toronto, on June 19 -22, 2017, commencing at 10:00 a.m.
The parties also agreed to have the other two preliminary issues listed in the April 14, 2016 pre-hearing letter of Arbitrator Bujold heard concurrently with the main issues of the claim for accident benefits.
I am not seized of this matter, and leave all questions regarding procedure at the full hearing to that arbitrator.
The parties then sought to make submissions in regard to expenses for the hearing of this preliminary issue, but I am directing them to make their submissions to the arbitrator at the completion of the full hearing.
April 20, 2017
Edward Lee
Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 119
FSCO A15-002617
BETWEEN:
ANDREY YAKUSHIN
Applicant
and
STATE FARM MUTUAL AUTOMOBILE
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 Regulation 664, as amended, it is determined that:
- Mr. Yakushin was injured as a result of an “accident” as defined in section 3(1) of the Schedule.
April 20, 2017
Edward Lee
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.