Aguiar v. Aviva Insurance Company of Canada, 2024 CanLII 86454

Citation: Aguiar v. Aviva Insurance Company of Canada, 2024 ONLAT 22-006846/AABS

Licence Appeal Tribunal File Number: 22-006846/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:

Daniel Aguiar

Applicant

and

Aviva Insurance Company of Canada

Respondent

DECISION

VICE-CHAIR: Craig Mazerolle

APPEARANCES:

For the Applicant: No submissions

For the Respondent: Laura Bassett, Counsel

HEARD: In Writing

OVERVIEW

1Daniel Aguiar, the applicant, was involved in an automobile accident on April 5, 2016, and sought benefits pursuant to the Statutory Accident Benefits Schedule – Effective September 1, 2010 (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.

2In a case conference report and order released on March 30, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for February 2, 2024, with the notice of written hearing e-mailed to the parties on November 10, 2023.

3The applicant’s initial submissions were due on January 3, 2024. The applicant has not provided any written submissions to the Tribunal. There has also been no Notice of Motion filed by the applicant seeking to extend the initial submissions deadline.

4The respondent filed submissions with the Tribunal, seeking a dismissal of the application. In the alternative, the respondent sought a new timetable for submissions.

ISSUES

5As listed in the case conference report and order, the issues in dispute are:

i. Is the applicant entitled to $2,200.00 for a psychological assessment, proposed by Dr. Ricardo Harris Psychology in a treatment plan dated June 15, 2020?

ii. Is the applicant entitled to $2,354.68, as proposed by Management & Medical Assessments in a treatment plan/OCF-18 (“plan”) dated October 2, 2020?

iii. 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?

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

6No specific service or type of assessment was listed in the case conference report and order for Issue ii.

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 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 plans, award, and interest in dispute. By not filing any submissions or evidence with the Tribunal, I find that the applicant has not met this burden.

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

10Finally, I do not find the respondent’s suggested alternative of a new submissions timetable is reasonable in light of the applicant’s lack of effort to meet his initial deadline. Rather, the parties were provided notice of the written hearing, and so the applicant was aware of his opportunity to participate in this written hearing.

ORDER

11As the applicant has made no submissions and tendered no evidence in support of his claims before the Tribunal, he has not demonstrated entitlement to the disputed treatment plans, award, and interest.

12The application is dismissed.