Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 24-006934/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:
Clint Lynes
Applicant
and
Wawanesa Mutual Insurance Company
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: Louise A Kanary, Counsel
HEARD: By Way of Written Submissions
OVERVIEW
1Clint Lynes, the applicant, was involved in an automobile accident on October 19, 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, Wawanesa Mutual 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 $2,460.00 for a neurological assessment, proposed by Total Wellness Clinic in a treatment plan dated January 28, 2023?
ii. Is the respondent liable to pay an award under s. 10 of 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
3In the case conference report and order that was released on October 22, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing on July 11, 2025. Notice of the written hearing was e-mailed to the parties on October 29, 2024, using the contact information provided.
4The applicant’s initial submissions were due on June 11, 2025.
5The respondent filed its written submissions on July 2, 2025.
6The Tribunal has not received any further correspondence from the applicant. I find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadlines, and no Notice of Withdrawal has been submitted by the applicant.
7Since the applicant did not file a Notice of Withdrawal with the Tribunal, the parties’ file was not closed, and I will proceed with a written hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act. I find that the applicant had notice of the written hearing by e-mail on October 29, 2024.
8The applicant has the onus of demonstrating entitlement to the treatment plan and award 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 he is entitled to the treatment plan, award, and interest in dispute.
ORDER
10The applicant is not entitled to $2,460.00 for a neurological assessment.
11As no benefits are owing, the applicant is not entitled to interest or an award.
12The application is dismissed.
Released: October 14, 2025
__________________________
Tyler Moore
Vice-Chair