Virginia Guevarra v. Certas Direct Insurance Company, 2024 CanLII 69898

Licence Appeal Tribunal

Citation: Guevarra v. Certas Direct Insurance Company, 2024 ONLAT 22-004736/AABS

Licence Appeal Tribunal File Number: 22-004736/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:

Virginia Guevarra

Applicant

and

Certas Direct Insurance Company

Respondent

DECISION

VICE-CHAIR: Craig Mazerolle

APPEARANCES:

For the Applicant: No submissions filed

For the Respondent: Anterpreet Dhaliwal, Counsel

HEARD: In Writing

OVERVIEW

1Virginia Guevarra, the applicant, was involved in an automobile accident on April 23, 2017, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (including amendments effective June 1, 2016) (the "Schedule").

2The applicant was denied benefits by the respondent, Certas Direct Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the "Tribunal") for resolution of the dispute.

3In a case conference report and order released on March 29, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for January 5, 2024, with the notice of written hearing e-mailed to the parties on May 8, 2023.

4The applicant's initial submissions were due on December 6, 2023. To date, the applicant has not provided written submissions to the Tribunal. There has been no motion made by the applicant seeking to extend this deadline.

5The respondent filed submissions with the Tribunal, seeking a dismissal of the applicant's application.

ISSUES

6As listed in the case conference report and order, the issues in dispute are:

i. Is the applicant entitled to $2,200.00 for psychological services proposed by HM Medical Networks Ltd. in a treatment plan/OCF-18 submitted on March 28, 2022?

ii. 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?

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

ANALYSIS

7Section 7(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 states that, if notice of a written hearing has been given to a party who does not then participate in the hearing in accordance with the notice, the Tribunal may proceed with the written hearing in the absence of that party's participation. I am satisfied that the parties received notice of the written hearing, so I shall proceed in the applicant's absence.

8The applicant has the onus of demonstrating entitlement to the treatment plan, award, and interest in dispute. By not filing any submissions or evidence with the Tribunal, I find that the applicant has failed to meet her burden.

9I further find that the applicant did not file a Notice of Motion requesting an extension of the initial submissions deadline.

ORDER

10As the applicant has made no submissions and tendered no evidence in support of her claims before the Tribunal, she has not demonstrated her entitlement to the disputed treatment plan, award, and interest.

11The application is dismissed.