Licence Appeal Tribunal File Number: 22-003231/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:
Jamie Kydd
Applicant
and
Aviva General Insurance
Respondent
DECISION
VICE-CHAIR: Craig Mazerolle
APPEARANCES:
For the Applicant: No submissions
For the Respondent: No submissions
HEARD: By way of written submissions
OVERVIEW
1Jamie Kydd, the applicant, was involved in an automobile accident on May 5, 2019, 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 General Insurance, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.
2In a case conference report and order released on May 12, 2023, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for February 9, 2024, with the Notice of Written Hearing e-mailed to the parties on May 25, 2023.
3The applicant’s initial submissions were due on January 10, 2024. The applicant did not provide any written submissions to the Tribunal. There has also been no Notice of Motion filed seeking to extend the applicant’s initial submissions deadline, nor has there been an adjournment request form filed with the Tribunal seeking to reschedule the written hearing.
4The respondent filed a Notice of Motion with the Tribunal (submitted January 26, 2024). The respondent claims the applicant has not filed submissions for the written hearing, so it is seeking a dismissal of the application as abandoned.
5On February 8, 2024, the applicant e-mailed the Tribunal “requesting more time” to comply with the deadlines. This e-mail also included a link to “files”. An e-mail was sent by the Tribunal to the applicant later that day with a link to the Tribunal’s adjournment request form. No response was received.
6The Tribunal followed up with the applicant in November 2024, asking him to send an updated version on the link that was provided with the February 8, 2024 e-mail. No response was received.
7On January 17, 2025, the Tribunal released an order asking the applicant to “re-submit an updated, active version of the link that was included in the e-mail dated February 8, 2024”. This updated link was due to be sent to the Tribunal and the respondent by January 22, 2025. No updated link was sent by the applicant.
ISSUES
8As listed in the case conference report and order, the issues in dispute are:
i. Is the applicant entitled to a non-earner benefit of $185.00 per week from March 16, 2022 to date and ongoing?
ii. Is the applicant entitled to $1,689.14 for chiropractic services, proposed by Maxwell Physiotherapy & Rehab Inc., in a treatment plan/OCF-18 (“plan”) submitted March 2, 2020 and denied March 16, 2020?
iii. Is the applicant entitled to $2,205.56 for an attendant care assessment, proposed by Paramount Medical, in a plan submitted February 8, 2022 and denied February 23, 2022?
iv. Is the applicant entitled to $2,208.00 for a chronic pain assessment, proposed by Paramount Medical, in a plan submitted February 25, 2022 and denied March 10, 2022?
v. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
vi. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
9Section 7(2) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 states that, if notice of a written hearing has been given to a party who does not then participate in the hearing in accordance with the notice, the Tribunal may proceed with the hearing in the absence of that party’s participation.
10I am satisfied that both parties received notice of the written hearing, so I shall proceed without submissions from the applicant.
11The applicant has the onus of demonstrating entitlement to the non-earner benefit, medical benefits, award, and interest in dispute. By not filing any submissions or evidence with the Tribunal, I find that the applicant has not met this burden.
12I further find that the applicant did not file a Notice of Motion requesting an extension of the initial submission deadline, nor has the applicant filed an adjournment request form seeking to reschedule the written hearing.
13Due to my findings regarding the substantive issues in dispute, the respondent’s motion seeking a dismissal of the application is dismissed as moot.
ORDER
14As the applicant has made no submissions and tendered no evidence in support of the claims before the Tribunal, the applicant has not established entitlement to the non-earner benefit, medical benefits, award, and interest in dispute.
15The respondent’s motion (filed January 26, 2024) is dismissed as moot.
16The application is dismissed.
Released: January 29, 2025
Craig Mazerolle
Vice-Chair