P.K. v. Certas Direct Insurance Company, 2019 CanLII 52368

Licence Appeal Tribunal

Tribunal File Number: 18-003184/AABS

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:

P.K. Applicant

and

Certas Direct Insurance Company Respondent

DECISION

ADJUDICATOR: Kimberly Parish

APPEARANCES:

For the applicant: No one participated Counsel for the respondent: Sharla Badoquillo

HEARD: In Person: April 24, 2019

OVERVIEW

1The applicant was injured in an automobile accident on June 9, 2015 and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (''Schedule'').

2The applicant filed an application before the Licence Appeal Tribunal – Automobile Accident Benefits Service (“Tribunal”) on April 27, 2018.

3A Case Conference for this matter was held on July 11, 2018 by teleconference before Adjudicator Leslie. The applicant attended. An oral hearing was ordered on consent to take place on November 8 and 9, 2018.

4A request to adjourn the hearing was submitted by the applicant. The adjournment was granted on consent by the Tribunal on November 5, 2018. New hearing dates were scheduled for March 12 and 13, 2019. A subsequent request to adjourn the hearing was filed by the applicant as their new legal representative needed time to satisfy the outstanding productions and prepare for the hearing. A second adjournment was granted on consent on March 11, 2019. The hearing was adjourned to April 24 and 25, 2019.

5On March 12, 2019, a Notice of Rescheduled Hearing was sent out to the applicant by mail, their legal representative at the time, the respondent and their legal counsel.

6On April 18, 2019, the Tribunal and the respondent’s counsel received email correspondence from the applicant’s legal representative. The correspondence advised they were removing themselves as the applicant’s legal representative and provided the Tribunal with the last known contact address for the applicant. Up to the date of the hearing, the applicant had not contacted the Tribunal. The contact phone number the Tribunal has on file for the applicant is no longer in service as confirmed by the Case Management Officer at the Tribunal.

7The applicant failed to attend the oral hearing on April 24, 2019.

RESULT

8The applicant’s claim is dismissed without a hearing.

ANALYSIS

9The onus is on the applicant to prove their claim and no evidence was proffered from the applicant, as a result their claim is dismissed. I am satisfied the applicant was sent a Notice of Rescheduled Hearing on March 12, 2019 by mail to the applicant’s last known address the Tribunal has on file. I have dismissed the applicant’s claim without a hearing pursuant to Rule 3.4 (d) of the Tribunal’s Common Rules of Practice and Procedure as I find the applicant has abandoned their claim.

CONCLUSION

10The applicant’s claim is dismissed without a hearing.