Montalban v. Echelon General Insurance Company, 2017 ONFSCDRS 17

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2017 ONFSCDRS 17

FSCO A15-003036

BETWEEN:

JOSE MONTALBAN

Applicant

and

ECHELON GENERAL INSURANCE COMPANY

Insurer

REASONS FOR DECISION

Before: Arbitrator H. Michael Kelly, Q.C.

Heard: In person at ADR Chambers on November 28, 2016

Appearances: Mr. Jose Montalban did not participate

Mr. Chris Blom participated for Echelon General Insurance Company

Issues:

The Applicant, Mr. Jose Montalban, was injured in a motor vehicle accident on October 1, 2013, and sought statutory accident benefits from Echelon General Insurance Company ("Echelon"), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Jose Montalban, through his 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:

Did Mr. Montalban sustain an impairment that is considered a “minor injury” within the meaning of section 3 of the Schedule as a result of the accident?
Is Mr. Montalban entitled to receive a non-earner benefit at the rate of $185.00 per week from April 1, 2014 and ongoing, less the amount of $1,092.98 paid up to July 17, 2014?
Is Mr. Montalban entitled to receive a medical benefit:

i) for services provided by Health Pro Wellness,

(a) $1,979.36 for psychological services, per OCF-18 submitted April 15, 2014;

(b) $1,836.90 for physical treatment, per OCF-18 submitted June 10, 2014?

ii) for services provided by South Barrie Health Group:

(a) $2,109.10 for physical treatment, per OCF-18 submitted December 18, 2014?

Is Mr. Montalban entitled to interest for the overdue payment of benefits?
Is Echelon liable to pay Mr. Montalban's expenses in respect of the Arbitration Hearing?
Is Mr. Montalban liable to pay Echelon's expenses in respect of the Arbitration Hearing?

Result:

The Applicant or a representative of the Applicant did not attend the Hearing, and no evidence was presented to support the claims for benefits; therefore, the Application for Arbitration is dismissed.
No expenses were requested with respect to this Arbitration Hearing; therefore, none are ordered.

EVIDENCE AND ANALYSIS:

The Hearing was scheduled for three consecutive days, commencing November 28, 2016 at 10:00 a.m., at the offices of ADR Chambers.

By letter to ADR Chambers and copied to Mr. Montalban at his e-mail address, dated September 28, 2016, Cariati Law Professional Corporation (“Cariati Law”) requested an Order removing them as the representative of record for Mr. Montalban in this proceeding. The letter confirmed the dates for the Hearing. On October 20, 2016, Arbitrator DeGuire issued a letter (with formal Order attached), directing the removal of Cariati Law from the record, and confirming the date of the Hearing. I am advised by ADR Chambers staff that the letter was sent to Mr. Montalban by registered and regular mail on October 24, 2016, and that the registered mail was successfully delivered.

Mr. Montalban failed to appear at the Hearing, either personally or by representative. I waited, along with Mr. Blom and Ms. Jennifer Braid of Echelon, for Mr. Montalban until 10:45 a.m., at which time I rendered my decision. No evidence having been tendered by, or on behalf of the Applicant, I dismissed the claim.

Mr. Blom advised me that Echelon was not seeking its expenses of the Arbitration Hearing.

EXPENSES:

No expenses were requested with respect to this Arbitration Hearing and therefore, none are ordered.

January 23, 2017

H. Michael Kelly, Q.C. Date

Arbitrator