17-003780 v Optimum Insurance Company, 2018 CanLII 97846

Licence Appeal Tribunal

Date: 2018-05-10

Tribunal File Number: 17-003780/AABS

Case Name: 17-003780 v Optimum 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

and

Optimum Insurance Company

Respondent

DECISION

ADJUDICATOR: Deborah Neilson

APPEARANCES:

For the Applicant: [The Applicant] John Lundrigan, Counsel

For the Respondent: Sue Dawson, Representative

Court Reporter: Joan Takahashi, Counsel

HEARD in person on: April 9, 10, 11 and 12, 2018

OVERVIEW

1The applicant sustained a catastrophic impairment when he was in an automobile accident on August 23, 2000. He sought benefits pursuant to the Statutory Accident Benefits Schedule - Accidents on or after November 1, (the ''Schedule'').The applicant was denied certain benefits by the respondent and submitted an application to the Licence Appeal Tribunal - Automobile Accident Benefits Service (“Tribunal”).

2The parties participated in a couple of case conferences but were unable to resolve the issues in dispute. This matter proceeded to a hearing.

ISSUES IN DISPUTE

3The issues in dispute were identified and agreed to as set out in the order of the case conference hearing adjudicator and in the subsequent correspondence to the Tribunal from the parties.

RESULT

4At the hearing the applicant withdrew his application.

5The Tribunal’s file is now closed.