Financial Services Commission of Ontario
Neutral Citation: 2017 ONFSCDRS 27
FSCO A15-001719 and A15-002011
BETWEEN:
CHANDRADEVY CHANDRAKANTHAN and THUGEETHA CHANDRAKANTHAN
Applicant
and
INTACT INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Arbitrator Barry S. Arbus, Q.C.
Heard: By teleconference call on January 31, 2017
Appearances:
Mr. Vikram Bhandari for Ms. Chandradevy Chandrakanthan and Ms. Thugeetha Chandrakanthan
Mr. John P. Desjardins for Intact Insurance Company
Issues:
The Applicants, Ms. Chandradevy Chandrakanthan and Ms. Thugeetha Chandrakanthan, were injured in a motor vehicle accident on May 21, 2014 and sought accident benefits from Intact Insurance Company (“Intact”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and the Applicants, through their 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:
Should the Applicants’ Applications for Arbitration be dismissed?
Should any party be awarded costs or expenses in this matter?
Result:
The Applicants’ Applications for Arbitration are dismissed.
No party shall be awarded costs or expenses in this matter.
EVIDENCE AND ANALYSIS:
The Hearing for these matters was held by teleconference arranged by ADR Chambers on January 31, 2017. Mr. Bhandari, counsel for the Applicants, participated, as did Mr. Desjardins, counsel for the Insurer. Both counsel advised that on consent of their clients, the parties have agreed to a dismissal of the Applications for Arbitration, without costs.
The Applications for Arbitration of Ms. Chandradevy Chandrakanthan and Ms. Thugeetha Chandrakanthan are hereby dismissed.
EXPENSES:
I have been advised by counsel for the parties that no party is seeking costs or expenses in this matter.
February 3, 2017
Barry S. Arbus, Q.C. Arbitrator
Date
Financial Services Commission of Ontario
Neutral Citation: 2017 ONFSCDRS 27
FSCO A15-001719 and A15-002011
BETWEEN:
CHANDRADEVY CHANDRAKANTHAN and THUGEETHA CHANDRAKANTHAN
Applicant
and
INTACT 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:
The Applications for Arbitration of Ms. Chandradevy Chandrakanthan and Ms. Thugeetha Chandrakanthan are dismissed.
No party shall be awarded costs or expenses in this file.
February 3, 2017
Barry S. Arbus, Q.C. Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.