Gill v. Intact Insurance Company, 2025 CanLII 39299

Citation: Gill v. Intact Insurance Company, 2025 ONLAT 23-009019/AABS

Licence Appeal Tribunal File Number: 23-009019/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:

Karamjit Gill

Applicant

and

Intact Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Aida Davari, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Karamjit Gill, the applicant, was involved in an automobile accident on April 24, 2021, 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, Intact 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 28, 2024, the Tribunal ordered that the dispute proceed to a written hearing. The Tribunal scheduled a written hearing for October 11, 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 11, 2024. On May 14, 2024, the Tribunal received notification that the applicant's representative was removing themselves as the applicant's representative. On that same day, the Tribunal e-mailed the applicant directly to confirm the written hearing date and to inquire whether the applicant would be seeking other representation or proceeding as a self-represented individual.

4On August 13, 2024, the Tribunal sent another e-mail to the parties as a follow-up to the previous e-mails and voicemails left by the Tribunal for the applicant. The Tribunal requested a response from the applicant by August 20, 2024.

5On September 13, 2024, the Tribunal e-mailed the parties to confirm the upcoming written hearing once again, and to advise the applicant that his initial submissions were due on September 11, 2024. On September 23, 2024, the Tribunal e-mailed the parties as a further reminder that the applicant's written submissions had not been received. On October 10, 2024, the Tribunal sent the parties an e-mail reminder that the applicant's written submissions had still not been received.

6The respondent filed its written submissions on September 25, 2024.

7There has been no response from the applicant to the Tribunal's e-mail reminders and requests for his written submissions. The Tribunal has not received a Notice of Withdrawal.

ISSUES

8The issues in dispute are:

i. Is the applicant entitled to an income replacement benefit in the amount of $400.00 per week from May 1, 2021 to ongoing?

ii. Is the applicant entitled to a non-earner benefit of $185.00 per week from May 1, 2021 to ongoing?

iii. Is the applicant entitled to interest on any overdue payment of benefits?

ANALYSIS

9Since 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.

10The applicant has the onus of demonstrating entitlement to an income replacement benefit and a non-earner benefit.

11As 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 benefits in dispute. I further find that no Notice of Motion has been filed seeking to extend the applicant's submission deadlines.

ORDER

12As 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, non-earner benefit, and interest in dispute.

13The application is dismissed.