Citation: Barre v. Belair Insurance Company Inc., 2025 ONLAT 24-006009/AABS

Licence Appeal Tribunal File Number: 24-006009/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:

Hussein Barre

Applicant

and

Belair Insurance Company Inc.

Respondent

DECISION

ADJUDICATOR:

Melanie Malach

APPEARANCES:

For the Applicant:

Hussein Barre, Self-represented

For the Respondent:

Farzana Merchant, Counsel

HEARD:

By way of written submissions

OVERVIEW

1Hussein Barre, the applicant, was involved in an automobile accident on February 13, 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, Belair Insurance Company Inc., and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

PRELIMINARY ISSUE

2The preliminary issue to be decided is:

i. Is the applicant barred from proceeding to a hearing because he willfully made a material misrepresentation when he applied for accident benefits?

SUBSTANTIVE ISSUES

3The 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 a non-earner benefit (“NEB”) of $185.00 per week from June 23, 2022 to February 13, 2024?

iii. Is the applicant entitled to $99.75 ($1,300.00 less $1,200.25 approved) for physiotherapy services, proposed by Physio Art in a treatment plan dated March 26, 2022?

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?

RESULT

4I find that the applicant’s accident-related injuries are predominantly minor and he is therefore subject to treatment within the $3,500.00 limit of the MIG. The applicant is not entitled to a NEB, the balance of the treatment plan dated March 26, 2022, an award or interest.

ANALYSIS

5In the Case Conference Report and Order (“CCRO”), released on October 9, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for June 27, 2025. Notice of the written hearing was emailed to the parties on October 15, 2024, using the contact information provided.

6On October 21, 2024, counsel for the applicant, filed a Removal of Representative form with the Tribunal. The applicant and counsel for the respondent were copied on this email.

7On October 23, 2024, the Tribunal acknowledged receipt of the Removal of Representative form and advised the applicant that the adjudicative events for the subject application would proceed as scheduled.

8Between October 24, 2024 and April 15, 2025, counsel for the respondent had several email exchanges with the applicant, wherein counsel for the respondent provided the applicant with the LSO referral service link on more than one occasion, re-forwarded the notice of written hearing dated October 15, 2024 reminding the applicant of the written hearing date, re-forwarded the CCRO, and reminded the applicant of the due date to file and serve his written submissions as per the CCRO.

9The applicant’s initial written submissions were due on May 25, 2025. The Tribunal has not received the applicant’s written submissions. In addition, the 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 deadline, and no Notice of Withdrawal has been filed by the applicant.

10The respondent filed its submissions in compliance with the CCRO on June 13, 2025. It submits that the applicant has failed to deliver his written submissions in support of his application by the deadline of May 26, 2025, or at all, as ordered by the Tribunal. As such, the respondent submits that the applicant’s application be dismissed as he has failed to prove that he is entitled to the benefits in dispute.

11I find that as the applicant did not file a Notice of Withdrawal with the Tribunal, the 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 October 15, 2024.

12The applicant has the onus of demonstrating removal from the MIG, entitlement to a NEB, entitlement to the treatment plan 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 his burden of demonstrating removal from the MIG, entitlement to a NEB, entitlement to the treatment plan dated March 26, 2022, an award or interest, in dispute.

ORDER

13I find that the applicant’s accident-related injuries are predominantly minor and he is therefore subject to treatment within the $3,500.00 limit of the MIG. The applicant is not entitled to a NEB, the balance of the treatment plan dated March 26, 2022, an award or interest. The application is dismissed.