Citation: Galban v. Motor Vehicle Accident Claims Fund (MVACF), 2025 ONLAT 23-008153/AABS
Licence Appeal Tribunal File Number: 23-008153/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:
Jesus Galban
Applicant
and
Motor Vehicle Accident Claims Fund (MVACF)
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: Heather Kawaguchi, Counsel
HEARD: By Way Of Written Submissions
OVERVIEW
1Jesus Galban, the self-represented applicant, was involved in an automobile accident on April 16, 2023, 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, Motor Vehicle Accident Claims Fund (“MVACF”), 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 March 5, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The applicant did not file a case conference summary or attend that case conference.
3The Tribunal scheduled a written hearing for October 18, 2024. Notice of the written hearing was e-mailed to the parties and sent by regular mail to the applicant on March 7, 2024.
4The applicant’s initial submissions were due on September 18, 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 27, 2024.
6No further correspondence has been received from the applicant and the Tribunal has not received a Notice of Withdrawal.
ISSUES
7The 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 a non-earner benefit of $185.00 per week from May 14, 2023 to date and ongoing?
iii. Is the applicant entitled to $2,056.12 for an attendant care needs assessment, proposed by Health Bound Health Network Inc. in a treatment plan dated May 31, 2023?
iv. Is the applicant entitled to $5,483.34 for physiotherapy services, proposed by Health Bound Health Network Inc. in a treatment plan dated June 2, 2023?
v. Is the applicant entitled to attendant care benefits in the amount of $659.19 per month from May 5, 2023 to date and ongoing?
vi. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
vii. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
8Since 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.
9The applicant has the onus of demonstrating that he should be removed from the MIG, and that he is entitled to a non-earner benefit, attendant care benefits, medical benefits, and an award.
10As 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 that he should be removed from the MIG or that he is entitled 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
11As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that he should be removed from the MIG, or entitlement to the non-earner benefit, attendant care benefits, medical benefits, interest, and award in dispute.
12The application is dismissed.
Released: May 5, 2025
__________________________
Tyler Moore
Vice-Chair