Khan Anum v. Wawanesa Mutual Insurance Company, 2025 CanLII 105113

Citation: Anum v. Wawanesa Mutual Insurance Company, 2025 ONLAT 24-007614/AABS

Licence Appeal Tribunal File Number: 24-007614/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:

Khan Anum

Applicant

and

Wawanesa Mutual Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Joe Bowcock, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Khan Anum, the applicant, was involved in an automobile accident on September 11, 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 $2,486.00 for a chronic pain assessment proposed by Injury Management & Medical Assessments in a treatment plan/OCF-18 (“plan”) dated March 21, 2024?

ii. Is the applicant entitled to the following plans for psychological services proposed by Injury Management & Medical Assessments, as follows:

1. $2,200.00 for a plan dated June 8, 2022; and
2. $2,930.93 for a plan dated January 25, 2024?

iii. Is the applicant entitled to the following plans proposed by Alpha Physio & Rehab Milton, as follows:

1. $3,638.90 for physiotherapy services in a plan dated July 11, 2022;
2. $495.00 ($4,741.50 less $4,246.00 approved) for other goods and services in a plan dated January 4, 2023;
3. $4,090.50 for other goods and services in a plan dated March 23, 2023; and
4. $3,770.50 for other goods and services in a plan dated September 21, 2023?

iv. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?

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

ANALYSIS

3In the case conference report and order released on October 18, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing on July 4, 2025. Notice of the written hearing was e-mailed to the parties on October 22, 2024, using the contact information provided.

4The applicant’s initial submissions were due on June 4, 2025.

5The respondent filed its written submissions on June 20, 2025.

6On August 18, 2025, the Tribunal e-mailed the parties after the applicant’s written submissions had not been received. The Tribunal requested that the parties advise resolution had been reached, and if so to file a Notice of Withdrawal with the Tribunal. The Tribunal attached the Notice of Written hearing to that e-mail.

7The 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 the Tribunal has not received a Notice of Withdrawal.

8Since the applicant did not file a Notice of Withdrawal, 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 e-mail on October 22, 2024 and August 18, 2025.

9The applicant has the onus of demonstrating that he is entitled to the medical benefits 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 entitlement to the medical benefits, award, and interest in dispute.

ORDER

11The applicant is not entitled to the treatment plans in dispute.

12As not benefits are owing, the applicant is not entitled to interest or an award.

13The application is dismissed.