Citation: Singh v. Allstate Insurance Company of Canada, 2025 ONLAT 24-002933/AABS

Licence Appeal Tribunal File Number: 24-002933/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:

Melissa Singh

Applicant

and

Allstate Insurance Company of Canada

Respondent

DECISION

ADJUDICATOR:

Melanie Malach

APPEARANCES:

For the Applicant:

Veronica D'Angelo, Paralegal

For the Respondent:

Aleah Thomas, Counsel

HEARD:

By way of written submissions

OVERVIEW

1Melissa Singh, the applicant, was involved in an automobile accident on October 29, 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, 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 limit?

ii. Is the applicant entitled to $2,125.60 ($2,690.72 less $565.12 approved) for chiropractic services, proposed by Progressive Rehab Clinic Brampton, in a treatment plan dated June 29, 2023?

iii. Is the applicant entitled to $2,592.33 for psychological services, proposed by Medex Assessments Inc., in a treatment plan dated March 9, 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 (“CCRO”), released on July 30, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for May 2, 2025. Notice of this written hearing was emailed to the parties on August 1, 2024, using the contact information provided.

4The applicant’s initial written submissions were due on April 2, 2025. The respondent’s submissions were due on April 18, 2025. On May 23, 2025, the Tribunal wrote to both parties and advised that it had not received submissions from either party.

5The Tribunal has not received any further correspondence from either party. 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 filed by the applicant.

6Since the applicant did not file a Notice of Withdrawal with the Tribunal, the parties’ file was not closed. I will therefore proceed with the hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act. I find that the parties had notice of the written hearing by way of email on August 1, 2024.

7The applicant has the onus of demonstrating removal from the MIG and entitlement to the treatment plans in dispute, an award and interest. As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met the burden of demonstrating removal from the MIG or entitlement to the treatment plans, award or interest in dispute.

ORDER

8I find that the applicant’s accident-related injuries are predominantly minor and she is therefore subject to treatment within the $3,500.00 limit of the MIG. The applicant is not entitled to the treatment plans in dispute, an award or interest. The application is dismissed.