Nguyen v. TD General Insurance Company, 2025 CanLII 28477

Licence Appeal Tribunal

Citation: Nguyen vs. TD General Insurance Company, 2025 ONLAT 23-008336/AABS

Licence Appeal Tribunal File Number: 23-008336/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:

Hung Duy Nguyen

Applicant

and

TD General Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Marim Hadi, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Hung Duy Nguyen, the applicant, was involved in an automobile accident on January 7, 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, TD General Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the "Tribunal") for resolution of the dispute.

2In the case conference report and order released on February 27, 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 e-mailed to the parties on March 7, 2024.

3The applicant's initial submissions were due on September 4, 2024. On October 3, 2024, the Tribunal e-mailed the applicant to advise that no submissions had been received. 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.

4The respondent filed its written submissions on September 20, 2024.

5No further correspondence has been received from either party and the Tribunal has not received a Notice of Withdrawal.

ISSUES

6The issues in dispute are:

i. Is the applicant entitled to an income replacement benefit in the amount of $400.00 per week for the period from January 14, 2020 to date and ongoing?

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?

ANALYSIS

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 entitlement to an income replacement benefit and an award.

9As 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 the benefit in dispute. I further find that no Notice of Motion has been filed seeking to extend the applicant's submission deadlines.

ORDER

10As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the income replacement benefit, interest, and award in dispute.

11The application is dismissed.