Derenzis v. Gore Mutual Insurance Company, 2022 CanLII 46845

Citation: Derenzis v. Gore Mutual Insurance Company, 2022 ONLAT 18-011978/AABS

Licence Appeal Tribunal File Number: 18-011978/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:

Lucia Derenzis

Applicant

and

Gore Mutual Insurance Company

Respondent

AMENDED PRELIMINARY ISSUE DECISOIN

ADJUDICATOR:

Stephanie Kepman

APPEARANCES:

For the Respondent:

Arthur R. Camporese, Counsel

For the Respondent:

Peter Murray, Counsel

HEARD:

By way of written hearing

BACKGROUND

1The applicant was involved in an automobile accident on November 24, 2015 and sought benefits pursuant to the Statutory Accident Benefits Schedule -Effective September 1, 2010¹. 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 several case conferences and were unable to resolve their issues in dispute. During the Case Conference held on March 20, 2020, the respondent raised a preliminary issue to be heard prior to the substantive issues.

3The Tribunal released a Preliminary Decision for this application. However, after its release, the applicant contacted the Tribunal to inform it that the preliminary issues had been resolved prior to the hearing.

ORDER

4I order the following:

i. The Preliminary Decision for 18-011978/AABS, released April 29, 2022, is cancelled.

ii. The preliminary issues in dispute have been withdrawn, the applicant is not required to attend the s. 44 Insurer's Examinations related to this cancelled Preliminary Decision.

iii. The parties shall attend the subsequent case conference at 9:00 AM on June 17, 2022.

Footnotes

1. 1O. Reg. 34/10 as amended.