Komarek v. Jevco Insurance Company, 2025 CanLII 102177

Licence Appeal Tribunal

Citation: Komarek v. Jevco Insurance Company, 2025 ONLAT 24-005095/AABS

Licence Appeal Tribunal File Number: 24-005095/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:

Aspasija (Vesna) Komarek

Applicant

and

Jevco Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Eluxmeenah Rishihesan, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Aspasija (Vesna) Komarek, the applicant, was involved in an automobile accident on March 24, 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, Jevco 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. Is the applicant entitled to $3,000.00 for dentures, proposed by Dr. Ng in a treatment plan/OCF-18 (“plan”) dated January 8, 2024?

ii. Is the applicant entitled to $13,085.68 for various assistive devices proposed by Dr. Michael Aiello of Brockville Chiropractic Health Associates in a plan dated December 19, 2023?

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

ANALYSIS

3In the case conference report and order released on September 4, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for May 30, 2025. Notice of the written hearing was e-mailed to the parties on September 11, 2024, using the contact information provided.

4On May 1, May 23, and May 30, 2025, the Tribunal e-mailed the parties to advise that the applicant’s submissions had not been received and to request confirmation if the matter had been resolved. The Tribunal did not receive any response to those e-mails.

5The applicant’s initial submissions were due on April 30, 2025.

6The respondent filed its written submissions on May 15, 2025.

7Since the applicant did not file a Notice of Withdrawal with the Tribunal, the parties’ file was not closed, and I will proceed with the hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act. I find that the applicant had notice of the written hearing by way of e-mail on September 11, 2024 and May 23, 2025.

8The applicant has the onus of demonstrating entitlement to the medical benefits in dispute.

9As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that she is entitled to the medical benefits and interest in dispute. I further find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadlines.

ORDER

10The applicant is not entitled to the treatment plans in dispute.

11As no benefits are owing, the applicant is not entitled to interest.

12The application is dismissed.