Neutral Citation: 2017 ONFSCDRS 49 FSCO A15-002004

BETWEEN:

MASOUD GULBAN Applicant

and

COACHMAN INSURANCE COMPANY Insurer

REASONS FOR DECISION

Before: Arbitrator Kimberly Parish

Heard: In person at ADR Chambers on November 28, 2016 and by written submissions due December 30, 2016

Appearances: Mr. Masoud Gulban did not participate Mr. Clifford Singh participated for Mr. Masoud Gulban Mr. Harry Brown participated for Coachman Insurance Company

Issues:

The Applicant, Mr. Masoud Gulban, was injured in a motor vehicle accident on March 8, 2014 and sought accident benefits from Coachman Insurance Company ("Coachman"), payable under the Schedule.¹ The parties were unable to resolve their disputes through mediation, and Mr. Gulban, 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:

Should Mr. Vikram Bhandari and Impact Law LLP ("Impact") be removed as the lawyer of record for the Applicant?
Should Mr. Gulban's Application for Arbitration be dismissed?
Is Coachman entitled to its expenses of the Arbitration proceeding?

Result:

Mr. Vikram Bhandari and Impact are removed as the lawyer of record for the Applicant.
Mr. Gulban's Application for Arbitration is dismissed.
Coachman is entitled to its expenses of this Arbitration in the amount of $5,000.00.

EVIDENCE AND ANALYSIS:

Background and Chronology

An in person Pre-Hearing was held for this file at the offices of ADR Chambers on November 4, 2015 by Arbitrator Diamond. Mr. Gulban attended the Pre-Hearing with Mr. Rajiv Kapoor, licensed paralegal from Impact. Ms. Varsha Pradhani, on behalf of Coachman, and Mr. Brown, legal counsel from Brown and Partners, attended the Pre-Hearing. The parties were unable to resolve the issues in dispute for this Arbitration and dates were scheduled for a Hearing from November 28-30, 2016.

On October 27, 2016, Applicant's counsel sent a letter to the Insurer's counsel, Mr. Brown, and ADR Chambers, to request an adjournment of the Hearing and to add two additional issues to this Arbitration.

On November 16, 2016, Arbitrator Diamond issued a letter to the parties advising he was denying the request to adjourn the Hearing and also denied the additional issues, requested by Applicant's counsel, be added to the Arbitration. Arbitrator Diamond stated in this letter that the parties could raise both of the issues before the Hearing Arbitrator at the Hearing.

On November 18, 2016, the Applicant's counsel, Mr. Vikram Bhandari from Impact, filed a Motion requesting to be removed as the lawyer of record for the Applicant due to a breakdown in the solicitor-client relationship. The Motion was filed in accordance with Rule 9.7 of the Dispute Resolution Practice Code.

Removal of Applicant's Legal Representative as the Lawyer of Record

At the Hearing, I heard oral submissions from Mr. Clifford Singh of Impact, who was representing the Applicant, Mr. Gulban. Mr. Singh stated there had been a breakdown in the solicitor-client relationship and Impact had been unsuccessful in reaching their client and obtaining instructions prior to the Hearing. Mr. Singh requested that Mr. Vikram Bhandari and Impact be removed as the lawyer of record for this Arbitration.

The Insurer did not oppose the Motion.

Based on the submissions, I allowed Mr. Vikram Bhandari and Impact to be removed as the lawyer of record for this Arbitration.

The Dismissal

Mr. Gulban has failed to attend the scheduled Hearing for this matter. Mr. Brown raised an oral Motion requesting this Application for Arbitration be dismissed with costs against the Applicant in the amount of $5,000.00. Mr. Brown provided a Bill of Costs, which included a break-down of the disbursements incurred by the Insurer for this Arbitration.

The break-down of the Insurer's legal costs is as follows: Mr. Harry Brown is a senior lawyer and is claiming 39 hours at $150.00 per hour ($5,850.00 plus HST). The disbursements total: $1,663.37 ($1,037.10 for Applicant's clinical notes and records; $30.00 for external printing costs; $378.27 for document service fees to Canadian Process Servers; $42.28 for courier charges to Impact and Summons to Witness forms to Canadian Process Servers; and $175.72 for the Court Reporter for the Hearing). The total amount of expenses is $6,610.50 ($5,850.00 plus HST) for legal fees, plus $1,663.37 for disbursements, which totals $8,237.87.

As there had been a breakdown in the communication between Impact and Mr. Gulban, I wanted to ensure that Mr. Gulban received notice of the Hearing scheduled for November 28-30, 2016.

I served a letter, dated November 28, 2016, to Mr. Gulban by registered and regular mail to his last known address, instructing him that he was no longer represented by legal counsel and he would need to contact ADR Chambers by December 30, 2016 if he was interested in pursuing this Application for Arbitration. I indicated if ADR Chambers did not hear from him by that date, his Application for Arbitration may be dismissed with costs being awarded against him as he has failed to attend the Hearing.

As of December 30, 2016, ADR Chambers has not received any correspondence from Mr. Gulban and his Application for Arbitration is dismissed.

EXPENSES:

The Insurer's legal expenses submitted total $8,237.87. At the Hearing, the Insurer had requested a total of $5,000.00 for its legal expenses for this Arbitration. I find this request and the breakdown provided by the Insurer to be reasonable and justified. I award costs against the Applicant in the amount of $5,000.00.

February 13, 2017

Kimberly Parish Arbitrator

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. Vikram Bhandari and Impact Law LLP are removed as the lawyer of record for this Arbitration.
Mr. Gulban's Application for Arbitration is dismissed.
Coachman is entitled to its expenses of this Arbitration in the amount of $5,000.00.