Asamoah v. Aviva Insurance Canada, 2025 CanLII 28467

Licence Appeal Tribunal

Citation: Asamoah v. Aviva Insurance Canada, 2025 ONLAT 23-008530/AABS

Licence Appeal Tribunal File Number: 23-008530/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:

Kwabena Asamoah

Applicant

and

Aviva Insurance Canada

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Daniel MacDonald, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Kwabena Asamoah, the applicant, was involved in an automobile accident on April 19, 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 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 ("MIG") limit?

ii. Is the applicant entitled to an income replacement benefit in the amount of $400.00 per week from December 27, 2022 to April 30, 2023?

iii. Is the applicant entitled to $3,089.36 for chiropractic, massage, and physiotherapy, proposed by Islington North Chiropractic in a treatment plan/OCF-18 submitted on October 3, 2022?

iv. 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 20, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for October 4, 2024. Notice of the written hearing was emailed to the parties on February 22, 2024, using the contact information they had provided.

4The applicant's initial written submissions were due on September 4, 2024. The applicant has not filed any written submissions with the Tribunal to date, and there has been no motion made to extend the submission deadlines.

5The respondent filed its written submissions on September 20, 2024.

6No further correspondence has been received from either party and the Tribunal has not received a Notice of Withdrawal.

7Since the applicant did not file a Notice of Withdrawal with the Tribunal, the parties' file was not closed, and I will proceed with the hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act. I find that the applicant had notice of the written hearing.

8The applicant has the onus of demonstrating that they should be removed from the MIG, that they are entitled to income replacement benefits, interest, and that the proposed treatment plans are reasonable and necessary.

9As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met their evidentiary burden to demonstrate entitlement for the services and benefits. I further find that no Notice of Motion has been filed seeking to extend the applicant's submission deadline.

ORDER

10As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that they should be removed from the MIG, or that they are entitled to income replacement benefits, services, and interest in dispute.

11The application is dismissed.