Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 24-005367/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:
Lovepreet Singh
Applicant
and
Aviva General Insurance Company
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: Ibrahim Farag, Counsel
HEARD: By Way of Written Submissions
OVERVIEW
1Lovepreet Singh, the applicant, was involved in an automobile accident on March 21, 2023, 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, Aviva 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. Is the applicant entitled to $3,244.58 for chiropractic services, proposed by Alma Rehab Inc. in a treatment plan/OCF-18 (“plan”) dated July 7, 2023?
ii. Is the applicant entitled to $3,512.56 for chiropractic services, proposed by Alma Rehab Inc. in a plan dated October 19, 2023?
iii. Is the applicant entitled to $3,105.54 for physiotherapy, proposed by Alma Rehab Inc. in a plan dated February 20, 2024?
iv. Is the applicant entitled to $1,806.00 ($4,818.73 less $3,012.73 approved) for driver rehab/social work, proposed by Ontario Independent Assessment Centre in a plan dated July 24, 2024?
v. Is the applicant entitled to the assessments proposed by Ontario Independent Assessment Centre, as follows:
a) $2,657.75 for a chronic pain assessment, in a plan dated January 4, 2024;
b) $2,200.00 for an occupational therapy assessment, in a plan dated November 13, 2023;
c) $2,657.75 for a functional abilities assessment, in a plan dated November 13, 2023; and
d) $2,657.75 for a cognitive assessment, in a plan dated July 24, 2024?
vi. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
vii. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3In the case conference report and order released on September 16, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for June 13, 2025. Notice of the written hearing was e-mailed to the parties on September 18, 2024, using the contact information provided.
4On April 21, 2025, the applicant’s representative at the time filed a Removal of Representative form with the Tribunal. The Tribunal acknowledged the request by e-mail on April 23, 2025, and requested updated contact information for the applicant.
5On April 23, 2025, the Tribunal e-mailed the applicant requesting that she advise the Tribunal if she was retaining new representation or proceeding as self-represented.
6The applicant’s initial submissions were due on May 14, 2025.
7The respondent filed its written submissions on June 2, 2025.
8The Tribunal has not received any further correspondence from the applicant. I find that there has been no Notice of Motion filed seeking to extend the applicant’s submission deadlines, and no indication that the applicant intends to obtain new representation or that she has taken steps to do so.
9Since 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.
10The applicant has the onus of demonstrating that she is entitled to the medical benefits and award in dispute.
11As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the medical benefits, award, and interest in dispute.
ORDER
12The applicant is not entitled to the treatment plans in dispute.
13As no benefits are owing, the applicant is not entitled to interest or an award.
14The application is dismissed.
Released: October 8, 2025
Tyler Moore
Vice-Chair