Licence Appeal Tribunal File Number: 23-010019/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:
Julia Abdool
Applicant
and
Aviva Insurance Company of Canada
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: Hooman Zadegan, Counsel
HEARD: By Way Of Written Submissions
OVERVIEW
1Julia Abdool, the self-represented applicant, was involved in an automobile accident on September 17, 2018, 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, Aviva Insurance Company of Canada, 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 18, 2024, the Tribunal ordered that the dispute proceed to a written hearing. The Tribunal scheduled a written hearing for November 1, 2024. Notice of the written hearing was e-mailed to the parties on March 21, 2024.
3On March 21, 2024, the applicant’s former representative requested that they be removed as the applicant’s representative, which the Tribunal acknowledged.
4On April 11, 2024, the applicant e-mailed the Tribunal confirming her new address. On April 11 and 25, 2024, the Tribunal e-mailed the applicant requesting confirmation that she still wanted to continue with her application, and to advise if she had retained new counsel or intended to proceed without representation. The Tribunal included a response deadline of May 3, 2024. On May 23, 2024, the Tribunal e-mailed the applicant again to confirm whether she had retained new counsel or wanted to proceed as a self-represented applicant. No response to the e-mails was received. All e-mails the Tribunal sent to the applicant went to the same e-mail address the applicant used to confirm her new mailing address on April 11, 2024.
5The applicant’s initial submissions were due on October 1, 2024.
6The respondent filed its written submissions on October 22, 2024.
7The Tribunal has not received any correspondence from the applicant since April 11, 2024, and the applicant has not submitted a Notice of Withdrawal.
ISSUES
8The issue in dispute is:
i. Is the applicant entitled to $2,460.00 for other goods and services, proposed by TE Rehabilitation Services in a treatment plan/OCR-18 (“plan”) submitted September 26, 2022 and denied December 20, 2022?
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 the goods and services in dispute.
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 benefit 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 goods and services in dispute.
13The application is dismissed.
Released: May 16, 2025
__________________________
Tyler Moore
Vice-Chair