Tribunal File Number: 18-000727/AAB
Case Name: 18-00727 v Primmum Insurance Company
In the matter of an Application pursuant to subsection 280(2) of the Insurance Act, RSO 1990, c I.8, in relation to statutory accident benefits.
Between:
Applicant
Applicant
and
Primmum Insurance Company
Respondent
Motion Decision
Order made by: Terry Hunter, Vice Chair
1An Order is sought by the applicant’s son, M.A. to be appointed by the Tribunal as the Administrator of the Estate of the late Applicant. M.A. requests the matter continue with M.A. as administrator.
2[The applicant] was involved in a motor vehicle accident on February 2, 2017. He applied for, and received, benefits pursuant to the Statutory Accident benefits Schedule (SABS) from Primmum Insurance Company.
3On July 28, 2017, according to the death certificate and affidavit of M.A. sworn February 22, 2018, [the applicant] died intestate and with no assets. There has not been an administrator of the estate appointed or applied for.
4The Tribunal does not have jurisdiction to appoint the administrator of an estate. M.A., the requesting party has submitted the Tribunal could pursuant to Rule 1.1 of the Common Rules of the Licence Appeal Tribunal, Animal Care Review Board and Fire Safety Commission, effective October 2, 2017 make the order requested incorporating the Rules of Civil Procedure R.R.O. 1990, Reg. 194. I do not agree the Rules which govern civil proceedings can be incorporated into the Tribunal’s Rules or by analogy inform Tribunal practice.
5It would be unfair to deny the applicant’s estate the opportunity to proceed with this application. The only administrative tribunal with a Practice Direction on Appeals Involving Deceased Workers is the Workplace Safety and Insurance Appeals Tribunal, which is found on their website at wsiat.on.ca/English/pd/pdAppeals.htm.
6The Practice Direction in paragraph 4.0 Appeals Brought by the Worker’s Estate Where There is no Will provides at paragraph 4.3:
“Where no certificate of appointment has been obtained, the Tribunal does not normally require the party seeking to act for the estate to obtain one. Instead, the Tribunal requests that the party contact all persons who appear to be the direct beneficiaries of the worker’s estate, and obtain their consent to act on behalf of the estate in the Tribunal proceedings”.
7This is a reasonable approach for applicant’s who are deceased, intestate and without assets to allow their estates to proceed before this Tribunal.
8If the requesting party on this motion wishes the application of his deceased father to proceed he can submit the names of all potential beneficiaries and provide their consents. If there is any difficulty in determining the beneficiaries or obtaining their consents this application may be brought back before the Tribunal for directions.
Released: March 15, 2018