Tribunal File Number: 17-005243/AABS
Case Name: 17-005243 v Certa Home and Auto Insurance
In the matter of an Application for Dispute Resolution pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8., in relation to statutory accident benefits.
And in the matter of a motion brought by respondent seeking the application to be dismissed
Between:
M.C.
Applicant
and
Certa Home and Auto Insurance
Respondent
MOTION DECISION
Adjudicator: Heather Trojek, Vice Chair
APPEARANCES:
For the Applicant: N/A
For the Respondent: Stanford Cummings, Counsel
Heard in Writing: December 4, 2018
OVERVIEW
1The respondent requested and I agree that this application should be dismissed.
2The applicant was put on notice that his application could be dismissed as abandoned when he failed to attend a case conference scheduled for March 26, 2018. This was the fourth and most recent proceeding that the applicant failed to attend. The applicant was given the opportunity to provide written submissions on why his application should not be dismissed without a hearing, but failed to provide me with reasons.
3The following are my reasons for dismissing the applicant’s claim as abandoned.
BACKGROUND
4The applicant was involved in an automobile accident on October 29, 2015. After being denied certain benefits1 by the respondent, he submitted an application to the Tribunal.2
5The application, dated August 8, 2017, identified three issues as being in dispute: the applicant’s entitlement to income replacement benefits, physiotherapy treatment3 and interest.
6The Tribunal conducted case conferences in this matter on October 30, 2017 and November 24, 2017. Applicant’s counsel attended both case conferences. The applicant did not attend at either. The applicant’s father attended the November 2017 case conference. At the November 2017 case conference, a written hearing was scheduled. Dates for the filing of written submissions and evidence were ordered by the case conference adjudicator.
7The applicant missed the due date for the filing of his written submissions and evidence. After the due date had passed, applicant’s counsel requested an adjournment of the hearing. The respondent requested the applicant’s appeal be dismissed without a hearing.4
8On February 13, 2018, a motion hearing to address the applicant’s adjournment request was held. I conducted the motion hearing. Applicant’s counsel attended, but the applicant did not attend the motion hearing. The Tribunal ordered that the matter proceed to a third case conference on March 26, 2018. At the case conference, applicant’s counsel confirmed that the address that the Tribunal had listed on the application was, to his knowledge, the applicant’s most recent address.
9On February 15, 2018, applicant’s counsel removed himself from the record due to his inability to obtain instructions from the applicant.
10The Tribunal mailed the Notice for the March 26, 2018 case conference to the applicant’s last known address. It was not returned to the Tribunal as undeliverable by Canada Post.
11At no time did the applicant and/or his former counsel inform the Tribunal that the applicant’s mailing address had changed.
12The applicant did not attend the March 26, 2018 case conference. At the case conference, the respondent requested that the applicant’s application be dismissed without a hearing.
13Due to his non-attendance at the March 26, 2018 case conference, I provided the applicant with written notice that his application may be dismissed without a hearing. The Notice was contained in a case conference report and order authored by me and dated April 17, 2018. The parties were ordered to provide written submissions regarding the dismissal of the applicant’s appeal to the Tribunal by May 7, 2018. The order containing the Notice to Dismiss Without A Hearing was forwarded by regular mail to the applicant’s last known address. The Order was not returned to the Tribunal as undeliverable.
14The Notice to Dismiss advised the applicant that, pursuant to Rules 3.4 and 3.5 of the Tribunal’s Rules of Practice and Procedure,5 I intended to dismiss his appeal because he did not attend the March 26, 2018 case conference and that his submissions should address why he believes his application should not be dismissed without a hearing.
15The respondent filed written submissions with the Tribunal by the due date. As of the date of this decision, the applicant has not filed any submissions or contacted the Tribunal.
ANALYSIS AND DECISION
16I am satisfied that the Tribunal made reasonable efforts to advise the applicant that his appeal could be dismissed without a hearing. The Tribunal forwarded my case conference report and order dated April 17, 2018, which contained the Notice of Dismissal, to the applicant by regular mail. The Tribunal used the mailing address contained in the application filed with the Tribunal. It was not returned to the Tribunal as undeliverable.
17Rules 6.1 and 6.2 of the Tribunal’s Rules state that the Tribunal may serve a document on a party by regular mail and the document is deemed to have been received on the fifth day after the postmark date, not including holidays.
18Rule 4.4 of the Tribunal’s Rules require a party to notify the Tribunal promptly of any change in their contact information. At no time has the applicant provided the Tribunal with notification regarding a change of address.
19As the applicant failed to attend properly scheduled case conferences and failed to submit reasons why his application should not be dismissed, I have no alternative other than to find that he has abandoned his application.
ORDER
20The application is dismissed as abandoned.
Date of Issue: August 27, 2018
___________________________
Heather Trojek, Vice Chair
Footnotes
- Pursuant to the Statutory Accident Benefits Schedule-Effective September 1, 2010.
- Licence Appeal Tribunal – Automobile Accident Benefits Service (“Tribunal”).
- OCF-18 (treatment plan) completed by Rahna Multani in the amount of $200.00 dated April 21, 2016, denied May 2, 2016; and OCF-18 completed by Rahna Multani in the amount of $1,859.00 dated August 11, 2016