Ruzgal v. The Dominion of Canada General Insurance Company, 2024 CanLII 88888

Citation: Ruzgal v. The Dominion of Canada General Insurance Company, 2024 ONLAT 22-009585/AABS

Licence Appeal Tribunal File Number: 22-009585/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:

Janus Steven Ruzgal

Applicant

and

The Dominion of Canada General Insurance Company

Respondent

DECISION

VICE-CHAIR: Craig Mazerolle

APPEARANCES:

For the Applicant: No submissions

For the Respondent: No submissions

HEARD: In Writing

OVERVIEW

1Janus Steven Ruzgal, the applicant, was involved in an automobile accident on November 29, 2021, 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 Dominion of Canada General Insurance Company, 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 limit?

ii. Is the applicant entitled to chiropractic services in the amount of $3,454.95, proposed by the Whitby Wellness Centre in a treatment plan submitted on April 14, 2022, and denied on May 4, 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 Minor Injury Guideline (“MIG”). The applicant also has the onus of demonstrating entitlement to the medical benefit, award, and interest in dispute.

4In the case conference report and order released on April 26, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for February 2, 2024. Notice of this written hearing was e-mailed to the parties on May 12, 2023.

5The applicant’s initial written submissions were due on January 3, 2024.

6Neither party has filed submissions, and there has been no motion made seeking to extend the initial submissions deadline.

7As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met his evidentiary burden. I further find that no Notice of Motion has been filed seeking to extend the applicant’s initial submissions deadline.

ORDER

8As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated removal from the MIG, nor has he demonstrated entitlement to the medical benefit, award, and interest in dispute.

9The application is dismissed.