21-002884/AABS

Licence Appeal Tribunal File Number: 21-002884/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:

Mavilde Magan-France

Applicant

and

Aviva Insurance Company

Respondent

DECISION

VICE-CHAIR:

Ian Maedel

APPEARANCES:

For the Applicant:

No one appearing

For the Respondent:

No one appearing

HEARD:

By way of written submissions

OVERVIEW

1Mavilde Magan-France, the applicant, was involved in an automobile accident on March 9, 2019, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (the “Schedule”). The applicant was denied benefits by the respondent, Aviva Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

ISSUES

2The issues in dispute are:

i. Are the applicant’s injuries predominantly minor as defined in s. 3 of the Schedule, and therefore subject to treatment within the $3,500.00 limit and in the Minor Injury Guideline (“MIG”)?

ii. Is the applicant entitled to a medical benefit in the amount of $3,411.00 for chiropractic treatment, proposed by Health Pro Wellness in a treatment plan/OCF-18 submitted on May 23, 2019?

iii. Is the applicant entitled to a medical benefit in the amount of $2,827.05 for chiropractic treatment, proposed by Health Pro Wellness in a treatment plan/OCF-18 submitted on July 16, 2019?

iv. Is the respondent liable to pay an award pursuant to s. 10 of O. Reg. 664 because it unreasonably withheld or delayed payments to the applicant?

v. Is the applicant entitled to interest on any overdue payment of benefits?

RESULT

3The application is dismissed. The applicant has not met her evidentiary burden to establish her entitlement to the benefits in dispute. Given there are no benefits payable, she is not entitled to an award, nor applicable interest.

ANALYSIS

4The onus is on the applicant to demonstrate that she is entitled to the benefits claimed. She made no submissions and tendered no evidence in support of her claims before the Tribunal. Therefore, I find that the applicant has failed to meet her onus and dismiss the application.

5Both parties were in attendance for the case conference conducted on November 3, 2021. A written hearing was initially scheduled for July 29, 2022 and specific written hearing submission deadlines were set.

6The written hearing was adjourned to October 28, 2022, in a Motion Order dated June 13, 2022. New written submission dates were also imposed. According to the Motion Order, the applicant was required to provide written submissions by September 30, 2022 and the respondent was required to provide written submissions by October 14, 2022. Finally, the applicant was required to file written reply submissions by October 28, 2022.

7The parties failed to comply with the Motion Order and failed to provide any submissions by the deadlines imposed by the Tribunal.

8In email correspondence with the Tribunal on October 25, 2022, applicant’s counsel confirmed there had been a breakdown in communication, and they were subsequently removed from the record. The applicant proceeded as a self-represented individual before the Tribunal.

9The Tribunal did not receive any subsequent correspondence from either of the parties related to this application.

10More than seven months have now elapsed since the written submission deadlines and the hearing set for October 28, 2022.

11The parties have been afforded ample time to provide submissions, a procedural update, or file a Notice of Withdrawal, and have failed to do so.

12Given the applicant’s failure to provide any hearing submissions or evidence, it is clear the applicant has not met her evidentiary burden with regard to the issues in dispute. This application shall be dismissed.

ORDER

13The applicant has not met her evidentiary burden to establish her entitlement to the benefits in dispute.

14Given there are no benefits payable, the applicant is not entitled to an award, nor applicable interest.

15The application is dismissed.

Released: June 15, 2023

__________________________

Ian Maedel

Vice-Chair