M.A. v. Certas Direct Insurance Company, 2019 CanLII 72213

Licence Appeal Tribunal

Tribunal File Number: 18-007821/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

M.A.

Applicant

and

Certas Direct Insurance Company

Respondent

DECISION AND ORDER

Order made by: Karina Kowal

Date of the Order: June 18, 2019

OVERVIEW

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

BACKGROUND

2A Case Conference was held in this matter on January 9, 2019 via teleconference which the applicant did not attend. The matter was adjourned by order, with notice to the applicant to February 22, 2019. The Order advised the applicant this was formal notice that failure to attend the February 22, 2019 case conference may result in the dismissal of his application without a hearing.

3On February 22, 2019 the applicant again failed to attend the case conference. The applicant had been provided with correspondence from the Tribunal setting out the date, time and access information for this case conference.

4The applicant’s representative also informed that he has made multiple attempts to contact his client personally, without any success, however he has sent him letters informing him of the particulars of the case conference.

5The respondent brought a motion to dismiss the application both at the first case conference of January 9, 2019 and February 22, 2019.

6As required by Rule 3.4 and 3.5 of the Tribunal’s Rules of Practice and Procedure the “Rules”, a written motion was set, with submissions on March 6, 2019 for the applicant, and March 15, 2019 for the respondent, as to whether the applicant’s appeal can be dismissed without a hearing.

7The applicant did not provide any submissions by the ordered deadline. The Tribunal followed up in writing on May 27, 2019 as to whether the applicant intends to serve any submissions. Applicant’s representative has not responded to the Tribunal’s query to the date of this decision.

8The respondent served submissions, on time.

REASONS

9As submissions have not been received from the applicant, as ordered, to the date of this decision, with further follow-up from the Tribunal, an adverse inference is drawn.

10The respondent has requested that the matter be dismissed as abandoned, twice by oral motion, as well as by written submissions.

11The applicant did not attend the January 9, 2019 case conference as required by Rule 14.6 of the “Rules”. He was put on notice by the Tribunal that he must attend the case conference scheduled for February 22, 2019 or his application may be dismissed.

12I am satisfied that the Tribunal provided the applicant with the details of the case conference, and his representative assured me that he also provided correspondence to his client informing him of the February 22, 2019 case conference.

13As required by Rules 3.4 and 3.5 the parties were provided with an opportunity to argue the motion regarding dismissal of the application. The applicant did not provide any submissions.

14I find the applicant has received ample opportunity to participate in the case conference and sufficient notice of the intention to dismiss his application without a hearing, including the opportunity to argue the matter through a motion.

DECISION

15As such, I grant the respondent’s motion and dismiss this application as abandoned. Accordingly, the application is dismissed.