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