Muli v. The Commonwell Mutual Insurance Group, 2024 CanLII 88877

Citation: Muli v. The Commonwell Mutual Insurance Group, 2024 ONLAT 22-005657/AABS

Licence Appeal Tribunal File Number: 22-005657/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:

Michael Muli

Applicant

and

The Commonwell Mutual Insurance Group

Respondent

DECISION

VICE-CHAIR: Craig Mazerolle

APPEARANCES:

For the Applicant: No submissions

For the Respondent: Cecil Jaipaul, Paralegal

Written Hearing: Heard by way of written submissions

OVERVIEW

1Michael Muli, the applicant, was involved in an automobile accident on February 18, 2018, 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, The Commonwell Mutual Insurance Group, 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 February 24, 2023, the Tribunal ordered the dispute to proceed to a written hearing. Following the adjournment of the initial written hearing date, the Tribunal rescheduled the written hearing for February 2, 2024, with the notice of written hearing e-mailed to the parties on October 12, 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.

ISSUES

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

i. Is the applicant entitled to an income replacement benefit in the amount of $185.00 per week from February 26, 2018 to date and ongoing?

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

6Section 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.

7The applicant has the onus of demonstrating entitlement to the income replacement benefit, 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.

8I further find that the applicant did not file a Notice of Motion requesting an extension of the initial submission deadline.

ORDER

9As 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 income replacement benefit, award, and interest.

10The application is dismissed.