Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 70
FSCO A14-009222
BETWEEN:
MURAT CANKAYA
Applicant
and
INTACT INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before: Arbitrator Marshall Schnapp
Heard: By teleconference call on March 10, 2017
Appearances:
Mr. Stanley Pasternak, by written submissions, for Mr. Murat Cankaya
Mr. Sean Miller for Intact Insurance Company
Issues:
The Applicant, Mr. Murat Cankaya, was injured in a motor vehicle accident on January 3, 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 Applicant, 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 the Applicant`s Application for Arbitration be dismissed?
Should any party be awarded costs or expenses in this matter?
Result:
The Applicant`s Application for Arbitration is dismissed.
No party shall be awarded costs or expenses in this matter.
EVIDENCE AND ANALYSIS:
The Hearing for this matter was held by teleconference arranged by ADR Chambers on February March 10, 2017. Mr. Pasternak, counsel for the Applicant, did not participate on the call, but executed consent to a dismissal of the Application for Arbitration, without costs, which was filed on March 9, 2017. Mr. Miller, counsel for the Insurer, participated on the call, and advised that the parties agreed to a dismissal of the Application for Arbitration, without costs.
Mr. Cankaya’s Application for Arbitration is hereby dismissed.
EXPENSES:
I have been advised by counsel for the parties that no party is seeking costs or expenses in this matter.
March 13, 2017
Marshall Schnapp
Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 70
FSCO A14-009222
BETWEEN:
MURAT CANKAYA
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:
Mr. Cankaya’s Application for Arbitration is dismissed.
No party shall be awarded costs or expenses in this file.
March 13, 2017
Marshall Schnapp
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.