20-011869/AABS
Licence Appeal Tribunal File Number: 20-011869/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:
Saado Farah
Applicant
and
Aviva General Insurance Company
Respondent
DECISION
ADJUDICATOR:
Laura Goulet
APPEARANCES:
For the Applicant:
Saado Farah, Applicant (did not attend)
For the Respondent:
Almeda Lucas, Litigation Specialist
Interpreter (Somali language):
Court Reporter:
James Brown, Counsel
Fatima Dini
Vincent Tran-Luong
HEARD: by Videoconference:
April 11, 2023
OVERVIEW
1Saado Farah, the applicant, was involved in an automobile accident on July 17, 2012, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (the “Schedule”). The applicant was denied benefits by the respondent, Aviva, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.
ISSUES
2The issues in dispute are:
Has the applicant sustained a catastrophic impairment as defined by the Schedule?
Is the applicant entitled to attendant care benefits of $984.44 per month from April 16, 2016 to date and ongoing?
Is the applicant entitled to housekeeping and home maintenance benefits of $14,400 from January 3, 2018 to date and ongoing?
Is the respondent liable to pay an award under s. 10 of O.Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
Is the applicant entitled to interest on any overdue payment of benefits?
BACKGROUND
3A case conference was scheduled for March 5, 2021. The applicant did not attend. It was rescheduled for November 24, 2021. On that date, the case conference was adjourned at the request of the applicant to allow her to retain counsel. At the next case conference on August 11, 2022, the applicant was still unrepresented. The matter was set down for an 8-day hearing, and another case conference was scheduled for November 8, 2022. The applicant did not attend that case conference.
4The hearing was scheduled for April 11, 12, 13, 14, 17, 18, 19 and 20, 2023. It was to commence at 9:30 a.m. each day. A Notice of Videoconference Hearing was sent to the applicant on September 30, 2022.
5The applicant did not attend for the first day of the hearing on April 11, 2023 at 9:30 a.m. The respondent and its client were present. The respondent indicated that it sent a letter dated March 10, 2023 to the applicant by courier and that the applicant signed for this letter, indicating receipt. The letter, which was also filed with the Tribunal, addressed the applicant’s history of non-attendance and non-compliance with production orders. The respondent indicated that it has not heard anything from the applicant since August 11, 2022, despite repeated attempts to communicate with her. The respondent sent letters to the applicant with respect to this hearing on September 9, 2022, November 8, 2022, November 29, 2022, March 10, 2023, March 28, 2023, April 3, 2023 and April 4, 2023. The respondent advised that the applicant did not respond.
6The Case Management Officer attempted to reach the applicant on the date of the hearing. The parties waited until 10:33 a.m., in order to allow time for the applicant to join.
7The respondent submitted that the onus is on the applicant to prove entitlement to her claims. Since she has not filed any evidence in support of her claims, it requested that the matter be dismissed pursuant to s. 7 of the Statutory Powers Procedure Act, RSO 1990, c S.22. The respondent is not seeking an order for costs.
8I am satisfied that the applicant received notice of the hearing and in all of the circumstances, I agree with the submissions of the respondent.
ORDER
9Since the applicant failed to attend at the hearing and failed to provide any evidence in support of her claims, they must all be dismissed.
10The Tribunal’s file is now closed.
Released: April 19, 2023
__________________________
Laura Goulet
Adjudicator