Licence Appeal Tribunal File Number: 24-008350/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:
Jaiden Gaspard
Applicant
and
Unifund Assurance Company
Respondent
DECISION
VICE-CHAIR:
Tyler Moore
APPEARANCES:
For the Applicant:
No Submissions
For the Respondent:
Murleen McLean, Counsel
HEARD:
By Way of Written Submissions
OVERVIEW
1Jaiden Gaspard, the applicant, was involved in an automobile accident on May 20, 2022, 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, Unifund Assurance 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 $5,070.40 for psychological services, proposed by 101 Assessments in a treatment plan/OCF-18 (“plan”) submitted August 5, 2022?
iii. Is the applicant entitled to $2,460.00 for an orthopaedic assessment, proposed by 101 Assessments in a plan submitted August 8, 2022?
iv. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3In the case conference report and order that was released on November 21, 2024, the Tribunal ordered that the dispute proceed to a written hearing. The Tribunal scheduled a written hearing for August 1, 2025. Notice of the written hearing was e-mailed to the parties on November 26, 2024, using the contact information provided.
4The applicant’s initial submissions were due on July 2, 2025.
5The respondent filed its written submissions on July 17, 2025.
6The Tribunal has not received any further correspondence from the applicant. I find that no Notice of Motion seeking to extend the applicant’s submission deadlines has been filed with the Tribunal, and that the applicant has not filed a Notice of Withdrawal.
7Since 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 way of e-mail on November 26, 2024.
8The applicant has the onus of demonstrating that they should be removed from the MIG and that they are entitled 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 they should be removed from the MIG, and that they are entitled to the medical benefits and interest in dispute.
ORDER
10The applicant remains in the MIG and is not entitled to the treatment plans in dispute.
11As no benefits are payable, the applicant is not entitled to interest.
12The application is dismissed.
Released: October 17, 2025
__________________________
Tyler Moore
Vice-Chair