Danancheyan Selvavinayakam v. Aviva Insurance Company of Canada, 2024 CanLII 118804

Licence Appeal Tribunal

Citation: Selvavinayakam v. Aviva Insurance Company of Canada, 2024 ONLAT 22-011719/AABS

Licence Appeal Tribunal File Number: 22-011719/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:

Danancheyan Selvavinayakam

Applicant

and

Aviva Insurance Company of Canada

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: Mariana Slomyanski, Counsel (No submissions)

For the Respondent: Surina Sud, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Danancheyan Selvavinayakam, the applicant, was involved in an automobile accident on October 28, 2017, 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 of Canada, 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 Minor Injury Guideline ("MIG") limit?

ii. Is the applicant entitled to $2,460.00 for a chronic pain assessment, proposed by Kevin Rod in a treatment plan/OCF-18 dated October 17, 2022?

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

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

ANALYSIS

3The applicant has the onus of demonstrating removal from the MIG. The applicant also has the onus of demonstrating entitlement to the medical benefits, award, and interest in dispute.

4Both parties attended the case conference, with their counsel. In the case conference report and order released on July 6, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for March 22, 2024. Notice of this written hearing was emailed to the parties on July 13, 2023, using the contact information they had provided.

5Both parties are represented by counsel. The applicant's initial written submissions were due on February 21, 2024. The respondent filed written submissions addressing the issues in dispute on March 8, 2024. The Tribunal followed up with the parties on April 3, 2024, after no initial written submissions were filed by the applicant.

6There has been no motion made seeking to extend the initial submissions deadline by the applicant. I therefore proceeded with the hearing pursuant to s. 7(2) of the SPPA.

ORDER

7As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated grounds for removal from the MIG, nor has she demonstrated entitlement to the medical benefits, interest, and award in dispute.

8The application is dismissed.