Licence Appeal Tribunal File Number: 24-006143/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:
Hourieh Nazarlotfi
Applicant
and
Aviva Insurance Company of Canada
Respondent
DECISION
ADJUDICATOR:
Melanie Malach
APPEARANCES:
For the Applicant:
Aryan Kamyab, Counsel
For the Respondent:
Marim Hadi, Counsel
HEARD:
By way of written submissions
OVERVIEW
1Hourieh Nazarlotfi, the applicant, was involved in an automobile accident on October 31 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, Aviva 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. Is the applicant entitled to the assessments and devices proposed by Healthcare Management Group as follows:
$2,200.00 for a psychological assessment in a treatment plan submitted on March 17, 2023;
$803.00 ($2,300.00 less $1,497.00 approved) for an attendant care assessment in a treatment plan submitted on May 10, 2023;
$425.64 ($3,107.52 less $2,681.88 approved) for an attendant care assessment in a treatment plan submitted on January 19, 2024; and
$2,832.98 for other assistive devices in a treatment plan submitted on January 19, 2024?
ii. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
iii. Is the applicant entitled to interest on any overdue payment of benefits?
RESULT
3I find that the applicant is not entitled to the treatment plans in dispute, an award or interest.
ANAYSIS
4In the Case Conference Report and Order (“CCRO”) released on October 15, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for July 4, 2025. Notice of the written hearing was emailed to the parties on October 17, 2024, using the contact information provided.
5The applicant’s written submissions were due on June 4, 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.
6The respondent filed its submissions in compliance with the CCRO on June 20, 2025. It submits that the applicant failed to deliver her written submissions in support of her application by the deadline of June 4, 2025, or at all, as ordered by the Tribunal. As such the respondent submits that the applicant’s application be dismissed as abandoned as she has failed to prove that she is entitled to the benefits in dispute.
7I find that as the applicant did not file a Notice of Withdrawal with the Tribunal, the file was not closed. I will therefore procced 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 17, 2024. I further find that despite the Tribunal’s correspondence to all parties on December 3, 2025, advising that the Tribunal had not received the applicant’s submissions, no response was received from the applicant.
8The applicant has the onus of demonstrating 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 her burden of demonstrating entitlement to the treatment plans in dispute, an award or interest. The application is dismissed.
ORDER
9For the reasons outlined above, I find that the applicant is not entitled to the treatment plans in dispute, an award or interest. The application is dismissed.
Released: December 10, 2025
__________________________
Melanie Malach
Adjudicator