Licence Appeal Tribunal File Number: 24-012160/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:
Prit Patel
Applicant
and
Allstate Insurance Company of Canada
Respondent
DECISION
VICE-CHAIR:
Tyler Moore
APPEARANCES:
For the Applicant:
No Submissions
For the Respondent:
Dziuba Karina, Counsel
HEARD:
By Way of Written Submissions
OVERVIEW
1Prit Patel, the applicant, was involved in an automobile accident on September 7, 2024, 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, Allstate Insurance Company of Canada, 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 $2,326.10 for physiotherapy services, proposed by Pro Life Wellness in a treatment plan/OCF-18 (“plan”) dated April 17, 2023?
iii. Is the applicant entitled to $2,200.00 for psychological services, proposed by Pro Life Wellness in a plan dated March 10, 2023?
iv. Is the applicant entitled to $200.00 ($1,475.86 less $1,275.86 approved) for physiotherapy services, proposed by Pro Life Wellness in a plan dated January 9, 2023?
v. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3In the case conference report and order released on January 14, 2025, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for August 29, 2025. Notice of the written hearing was e-mailed to the parties on January 21, 2025, using the contact information provided.
4On January 21, 2025, the applicant’s representative at the time filed a Removal of Representative form with the Tribunal. On that same date, the Tribunal acknowledged the request by e-mail.
5On April 9, 2025, the Tribunal e-mailed the parties and requested that the applicant confirm if he would be proceeding as self-represented or if he would be obtaining new representation. The Tribunal included copies of the case conference report and order and the Notice of Written Hearing.
6On August 8, 2025, the Tribunal e-mailed the parties as a reminder that the due date for their written hearing submissions was approaching. The Tribunal attached copies of the case conference report and order and the Notice of Written Hearing. The Tribunal requested that the parties file a Notice of Withdrawal if the matter had resolved.
7The applicant’s initial submissions were due on July 30, 2025.
8The respondent filed its written submissions on August 15, 2025.
9The 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. I further find that there is no indication that the applicant intends to obtain new representation, or that he has taken steps to do so.
10Since 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 January 21, April 9, and August 8, 2025.
11The applicant has the onus of demonstrating that he should be removed from the MIG and that he is entitled to the medical benefits in dispute.
12As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that he should be removed from the MIG, and that he is entitled to the medical benefits and interest in dispute.
ORDER
13The applicant remains in the MIG and is not entitled to the treatment plans in dispute.
14As no benefits are payable, the applicant is not entitled to interest.
15The application is dismissed.
Released: October 20, 2025
Tyler Moore
Vice-Chair