Hunjan v. Co-operators General Insurance Company, 2025 CanLII 102188

Citation: Hunjan v. Co-operators General Insurance Company, 2025 ONLAT 24-004078/AABS

Licence Appeal Tribunal File Number: 24-004078/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:

Simarpreet Hunjan

Applicant

and

Co-operators General Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Peter Durant, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Simarpreet Hunjan, the applicant, was involved in an automobile accident on August 10, 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, Co-operators 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 ("MIG") limit?

ii. Is the applicant entitled to $2,916.68 for physiotherapy, proposed by Alpha Physio in a treatment plan/OCF-18 dated March 31, 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

3In the case conference report and order released on September 12, 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 18, 2024, using the contact information provided.

4The applicant's initial submissions were due on April 30, 2025.

5The respondent filed its written submissions on May 15, 2025.

6On June 5, 2025, the Tribunal e-mailed the parties to advise that the applicant's submissions were past due, and to request confirmation if the matter had been resolved. The Tribunal included a copy of the Notice of Written Hearing.

7The Tribunal has not received any further correspondence from the applicant. I find that there has been no Notice of Motion filed with the Tribunal seeking to extend the applicant's submission deadlines.

8Since 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 18, 2024 and June 5, 2025.

9The applicant has the onus of demonstrating that they should be removed from the MIG, and that they are entitled to the medical benefit and award in dispute.

10As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that they should be removed from the MIG, and entitlement to the medical benefit, award, and interest in dispute.

ORDER

11The applicant remains in the MIG and is not entitled to the treatment plan in dispute.

12As no benefits are owing, the applicant is not entitled to interest or an award.

13The application is dismissed.