Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 23-008829/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:
Makayla McIlmoyle
Applicant
and
Aviva Insurance Company of Canada
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: No Submissions
HEARD: In Writing
OVERVIEW
1Makayla McIlmoyle, the applicant, was involved in an automobile accident on December 12, 2018, 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 a non-earner benefit of $185.00 per week from January 11, 2019 to date and ongoing?
ii. Is the applicant entitled to $1,137.44 for occupational therapy services, proposed by Rehab First Inc. in a treatment plan/OCF-18 ("plan") submitted July 18, 2022?
iii. Is the applicant entitled to $3,780.13 for physiotherapy services, proposed by Bergin Motion in a plan submitted May 26, 2022?
iv. Is the applicant entitled to $2,836.96 for rehabilitation therapy services, proposed by Bergin Motion in a plan submitted July 25, 2023?
v. Is the applicant entitled to $1,655.75 for a custom pillow, proposed by Bergin Motion in a plan submitted September 21, 2023?
vi. Is the applicant entitled to $2,693.87 for physiotherapy services, proposed by Bergin Motion in a treatment plan submitted November 15, 2023?
vii. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
viii. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3Both parties attended the case conference, with their counsel. In the case conference report and order released on February 7, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for September 20, 2024. Notice of this written hearing was emailed to the parties on February 15, 2024, using the contact information they had provided.
4The applicant's initial written submissions were due on August 21, 2024. On September 19, 2024, the Tribunal emailed the parties to indicate that no submissions had been received, and to request a Notice of Withdrawal if the parties had reached a settlement or if the applicant wished to withdraw the application.
5Since the applicant did not file a Notice of Withdrawal with the Tribunal, the parties' file was not closed, and I will proceed with the written hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act. I find that the applicant had notice of the written hearing.
6The applicant has the onus of demonstrating entitlement to a non-earner benefit, the medical benefits, interest, and award in dispute.
7Neither party has filed submissions. There has been no motion made seeking to extend the submission deadline, and no Notice of Withdrawal has been received from the applicant.
8As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met the evidentiary burden to demonstrate entitlement to these substantive issues.
ORDER
9As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to a non-earner benefit, the medical benefits, interest, and award in dispute.
10The application is dismissed.
Released: March 14, 2025
__________________________
Tyler Moore
Vice-Chair