Bourque v. Intact Insurance Company, 2025 CanLII 47351

Licence Appeal Tribunal

Citation: Bourque v. Intact Insurance Company, 2025 ONLAT 23-011708/AABS

Licence Appeal Tribunal File Number: 23-011708/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:

Suzanne Bourque

Applicant

and

Intact Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Nirvana Misir, Counsel

HEARD: By Way Of Written Submissions

OVERVIEW

1Suzanne Bourque, the applicant, was involved in an automobile accident on October 31, 2017, 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 March 27, 2024, the Tribunal ordered that the dispute proceed to a written hearing. The Tribunal scheduled a written hearing for November 22, 2024. Notice of the written hearing was e-mailed to the parties on April 11, 2024.

3The applicant's initial submissions were due on October 23, 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.

4The respondent filed its written submissions on November 8, 2024.

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

ISSUES

6The 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 $2,199.28 for a psychological assessment proposed by Imperial Medical in a plan submitted June 13, 2018?

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 that she should be removed from the MIG and entitlement to a psychological assessment.

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 benefits 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 that she should be removed from the MIG, and that she is entitled to a psychological assessment and interest.

11The application is dismissed.