Citation: Wang v. Northbridge Commercial Insurance Corporation, 2023 ONLAT 20-004124/AABS

Licence Appeal Tribunal File Number: 20-004124/AABS

In the matter of an application per subsection 280(2) of the Insurance Act, RSO 1990, c I.8, in relation to statutory accident benefits.

Between:

Yong Wang

Applicant

and

Northbridge Commercial Insurance Corporation

Respondent

ORDER

ADJUDICATOR:

Michael Beauchesne

APPEARANCES:

For the Applicant:

Aline Avanessy, Counsel

For the Respondent:

Amanda Lennox, Counsel

HEARD: In Writing

July 21, 2023

OVERVIEW

1Yong Wang, the applicant, was involved in an automobile accident on March 27, 2015, and sought benefits pursuant to the Statutory Accident Benefits Schedule—Effective September 1, 2010 (the “Schedule”). The applicant was denied benefits by the respondent, Northbridge Commercial Insurance Corporation, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

2On June 1, 2021, the Tribunal released a case conference report and order that confirmed a five-day videoconference hearing for this matter to be heard from November 14-18, 2022. But on October 18, 2022, the Tribunal heard a motion from the respondent—brought forward with the consent of the applicant—that sought to vacate the videoconference proceeding and instead schedule a preliminary issue hearing. The Tribunal released a motion order on October 19, 2022, that granted the respondent’s motion, and a subsequent submission order was released on November 7, 2022.

3On December 16, 2022, the respondent advised the Tribunal (via email) that it was withdrawing the preliminary issue, and that the parties now seek to “address the issues in dispute based on their substantive denials.”

ORDER

4The respondent has withdrawn the preliminary issue for this matter. Therefore, a written hearing on this matter is no longer required, and I order it be vacated.

5The parties now wish to have a hearing scheduled to adjudicate the substantive issues in this appeal. I order a case conference be scheduled for the purpose of confirming what issues remain in dispute, and to make hearing arrangements for this matter if necessary.