Thompson v. BelairDirect Insurance Company, 2025 CanLII 47355

Citation: Thompson v. BelairDirect Insurance Company, 2025 ONLAT 23-009638/AABS

Licence Appeal Tribunal File Number: 23-009638/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:

Leslie Thompson

Applicant

and

BelairDirect Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Raman Pandher, Counsel

HEARD: By Way Of Written Submissions

OVERVIEW

1Leslie Thompson, the applicant, was involved in an automobile accident on April 5, 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, BelairDirect 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 25, 2024, the Tribunal ordered that the dispute proceed to a written hearing. The Tribunal scheduled a written hearing for November 15, 2024. Notice of the written hearing was e-mailed to the parties on March 28, 2024.

3On April 23, 2024, the applicant's representative at the time requested removal as representative, citing that the applicant had recently passed away and he included a copy of the obituary. According to the applicant's representative, he had been informed by the applicant's surviving spouse that the applicant passed away intestate, and that she had no intention of bringing an application to be appointed as administrator, executor, or trustee of the applicant's estate. As a result, the representative had no one to obtain instructions from.

4The Tribunal e-mailed the parties on April 23, 2024, requesting the contact information of the applicant's surviving spouse. Unfortunately, that contact information was not received. On November 6, 2023, the Tribunal attempted to make contact using the phone number provided by the applicant, but there was no answer.

5The applicant's initial submissions were due on October 16, 2024. The respondent filed its written submissions on October 24, 2024.

6The Tribunal has not received any correspondence from the applicant's surviving spouse or representative of the applicant's estate to date, and there has been no Notice of Withdrawal.

ISSUES

7The issues in dispute are:

i. Is the applicant entitled to a non-earner benefit of $185.00 per week from May 5, 2021 to May 5, 2023?

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

ANALYSIS

8Since there has been no Notice of Withdrawal filed, 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. It has also been over a year since the Tribunal received any correspondence on the applicant's behalf. The last correspondence, from the applicant's representative at that time, indicated that the applicant's surviving spouse had no intention of bringing an application to be appointed administrator, executor, or trustee of the applicant's estate.

9The applicant has the onus of demonstrating entitlement to a non-earner benefit.

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 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

11As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the non-earner benefit and interest in dispute.

12The application is dismissed.