Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 23-002385/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:
Salomay Obenewaa
Applicant
and
Unifund Assurance Company
Respondent
DECISION
VICE-CHAIR: Craig Mazerolle
APPEARANCES:
For the Applicant: No submissions
For the Respondent: Robbie Brar, Counsel
HEARD: By way of Written Submissions
OVERVIEW
1Salomay Obenewaa, the applicant, was involved in an automobile accident on November 24, 2020, 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.
2In a case conference report and order released on November 1, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for June 21, 2024, with the Notice of Written Hearing e-mailed to the parties on November 9, 2023.
3The applicant’s initial submissions were due on May 22, 2024. The applicant has not provided any written submissions to the Tribunal. There has also been no Notice of Motion filed seeking to extend the applicant’s initial submissions deadline, nor has there been an adjournment request made seeking to reschedule the written hearing.
4The respondent filed submissions with the Tribunal stating it has not received submissions from the applicant. It is seeking a dismissal of the application.
5The applicant’s representative filed a Removal of Representative form and Notice of Motion with the Tribunal on June 14, 2024. This request was denied by the Tribunal in an order released on June 20, 2024.
ISSUES
6As listed in the case conference report and order, the 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 $5,808.08 for physiotherapy services, proposed by Polymed Health Centre Inc in a treatment plan/OCF-18 (“plan”) dated March 20, 2021?
iii. Is the applicant entitled to $2,200.00 for a psychological assessment, proposed by Mehdi Lotfalizadeh Psychological Services Inc in a treatment plan dated August 30, 2021?
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
7Section 7(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 states that, if notice of a written hearing has been given to a party who does not then participate in the hearing in accordance with the notice, the Tribunal may proceed with the hearing in the absence of that party’s participation.
8I am satisfied that both parties received notice of the written hearing, so I shall proceed without submissions from the applicant.
9The applicant has the onus of demonstrating removal from the MIG, as well as entitlement to the medical benefits, award, and interest in dispute. By not filing any submissions or evidence with the Tribunal, I find that the applicant has not met this burden.
10I further find that the applicant did not file a Notice of Motion requesting an extension of the initial submission deadline, nor has there been an adjournment request made seeking to reschedule the written hearing.
ORDER
11As the applicant has made no submissions and tendered no evidence in support of the claims before the Tribunal, the applicant has not demonstrated removal from the MIG, nor has the applicant demonstrated entitlement to the medical benefits, award, and interest in dispute.
12The application is dismissed.
Released: February 21, 2025
Craig Mazerolle Vice-Chair