Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 192
FSCO A13-007513
BETWEEN:
EDUARD SHAROYAN
Applicant
and
CERTAS DIRECT INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Arbitrator Marshall Schnapp
Heard: In person at ADR Chambers on June 19, 2017
Appearances: Mr. Eduard Sharoyan did not participate Mr. J.C. Rioux participated for Certas Direct Insurance Company
Issues:
The Applicant, Mr. Eduard Sharoyan, was injured in a motor vehicle accident on January 16, 2012 and sought accident benefits from Certas Direct Insurance Company (“Certas”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Mr. Eduard Sharoyan, through his representative at that time, 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 Mr. Eduard Sharoyan’s Application for Arbitration be dismissed?
Should expenses be awarded to Certas?
Result:
Mr. Eduard Sharoyan’s Application for Arbitration is dismissed.
Expenses in the amount of $500.00 are awarded to Certas.
EVIDENCE AND ANALYSIS:
Chronology
A Pre-Hearing discussion in this case was held on December 3, 2014, at which time Mr. Eduard Sharoyan had legal representation by counsel. On September 9, 2015, an Order was made removing the firm of ICS Legal Services Professional Corporation as Mr. Eduard Sharoyan’s legal representatives for this Application for Arbitration.
The Dismissal
For the reasons that follow, Mr. Eduard Sharoyan’s Application for Arbitration is dismissed.
As of on June 19, 2017 at 10:30 a.m., Mr. Eduard Sharoyan did not attend ADR Chambers to participate in the Arbitration Hearing. I am satisfied that Mr. Eduard Sharoyan was given notice of all of the proceedings related to his Application for Arbitration at his last known address. Pursuant to Rule 37.7 of the Dispute Resolution Practice Code, the Arbitration Hearing proceeded in his absence.
Mr. Eduard Sharoyan bears the onus of proving entitlement to the claimed benefits. Since he did not appear at the Hearing and no evidence was presented to support his claims, this Application for Arbitration is dismissed.
EXPENSES:
Counsel for Certas requested $500.00 for expenses. Given the fact that the Application for Arbitration is dismissed, and hence that the Insurer has been successful in this proceeding, it is appropriate to award expenses to Certas. Rule 78 of the Dispute Resolution Practice Code prescribes the amount that may be awarded for expenses. I find the amount being requested for legal fees is reasonable.
Accordingly, I award expenses to Certas, in the amount of $500.00.
July 10, 2017
Marshall Schnapp Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 192
FSCO A13-007513
BETWEEN:
EDUARD SHAROYAN
Applicant
and
CERTAS DIRECT 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 Ontario Regulation 664, as amended, it is ordered that:
Mr. Eduard Sharoyan’s Application for Arbitration is dismissed.
Expenses in the amount of $500.00 are awarded to Certas.
July 10, 2017
Marshall Schnapp Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.