Licence Appeal Tribunal File Number: 22-004187/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:
Aweys Isak
Applicant
and
Economical Insurance Company
Respondent
DECISION
ADJUDICATOR:
Stephanie Kepman
APPEARANCES:
For the Applicant:
Aweys Isak, self-represented Applicant, did not appear
For the Respondent:
Krystle Brazier, Adjuster
Kasia Kosacka, Counsel
Court Reporter:
Maureen Hopman
Heard by Videoconference:
August 9, 2023
OVERVIEW
1Aweys Isak (the "applicant") was involved in an automobile accident on October 9, 2020 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 Economical Insurance Company (the "respondent") and applied to the Licence Appeal Tribunal – Automobile Accident Benefits Service (the "Tribunal") for resolution of the dispute.
DISMISSAL
2The parties participated in a Case Conference on January 17, 2023, where the applicant had legal representation. The parties were provided with Notice of the Hearing on February 14, 2023. On July 13, 2023, the applicant's representative removed himself from the record.
3The video hearing for this matter was scheduled for August 9 and 10, 2023. According to the Case Conference Report and Order dated February 1, 2023, the parties were required to exchange and file their evidence no later than 10 days before the hearing.
4The respondent's instructing client and counsel attended the hearing of August 9, 2023, and the applicant did not. The respondent was not aware of why the applicant did not attend. The parties and the Tribunal waited thirty minutes for the applicant and proceeded without his participation at 10:00 AM.
5The respondent also reminded the Tribunal that the Tribunal had made multiple attempts to notify the applicant of the hearing via the Notice of Hearing, sent on February 14, 2023, the notice of the applicant's representative removal sent on July 12, 2023, an email from the respondent sent on July 25, 2023, and the Tribunal's attempt to reach the applicant on the day of the hearing.
6The respondent was invited to make submissions with respect to how to proceed. The respondent submitted that the applicant was well aware of the hearing for some time and chose not to participate. The respondent also submitted that the applicant failed to file a document brief and witness list in accordance with the Case Conference Report and Order.
7The respondent submitted that it has reached out to the applicant many times before the hearing and served its brief on the applicant via regular mail, express mail and email and he has not responded. Based on this, the respondent submitted that the applicant was fully live to the hearing proceeding and has no intention of defending his application. The respondent requested that the Tribunal dismiss the application.
8Section 7 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 (the "SPPA") states that when notice of an oral hearing has been given to a party to a proceeding in accordance with the SPPA and the party fails to attend, the tribunal may proceed in his absence and the party is not entitled to any further notice of the proceed.
9In this case, it is clear that the applicant received notice well in advance of the hearing, and said notice was proper. Moreover, several attempts were made by the respondent and the Tribunal to confirm if the applicant wanted to participate in the hearing. Therefore, in accordance with section 7 of the SPPA, I find that the Tribunal may proceed without the applicant.
10Since this matter arises from an application by the applicant, he bears the onus of proving his case. As the applicant failed to attend the hearing and did not provide any submissions or evidence to prove his case, his application is dismissed as he failed to meet his evidentiary onus.
ORDER
11The application is dismissed, as the applicant failed to prove his case.
Released: September 13, 2023
Stephanie Kepman
Adjudicator