Bruce v. The Co-operators General Insurance Company, 2025 CanLII 72400

Licence Appeal Tribunal

Citation: Bruce v. The Co-operators General Insurance Company, 2025 ONLAT 23-013061/AABS

Licence Appeal Tribunal File Number: 23-013061/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:

Orane Bruce

Applicant

and

Co-operators General Insurance Company

Respondent

DECISION

VICE-CHAIR:

Tyler Moore

APPEARANCES:

For the Applicant:

No Submissions

For the Respondent:

Julianne Brimfield, Counsel

HEARD:

By Way of Written Submissions

OVERVIEW

1Orane Bruce, the applicant, was involved in an automobile accident on October 18, 2022, 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, Co-operators General Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

ISSUES

2The issues in dispute are:

i. Is the applicant entitled to an income replacement benefit in the amount of $400.00 per week from May 30, 2023, to ongoing?

ii. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?

iii. Is the applicant entitled to intertest on any overdue payment of benefits?

ANALYSIS

3In the case conference report and order released on May 9, 2024, the Tribunal ordered that the dispute proceed to a written hearing. The Tribunal scheduled a written hearing for January 24, 2025. Notice of the written hearing was e-mailed to the parties, including the applicant himself, on May 16, 2024, using the contact information provided.

4On June 12, 2024, the applicant’s representative at the time submitted a Removal of Representative to the Tribunal.

5The applicant’s initial written submissions were due on December 27, 2024.

6The respondent filed its written submissions on January 24, 2025.

7No further correspondence has been received from the applicant, and the Tribunal has not received a request for an adjournment or a Notice of Withdrawal.

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 by way of e-mail on May 16, 2024.

9There has been no indication that the applicant intended to obtain new representation, or evidence that he has taken steps to do so, since the Removal of Representative was received by the Tribunal on June 12, 2024.

10The applicant has the onus of demonstrating that he is entitled to an income replacement benefit, award, and interest.

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 that he is entitled to an income replacement benefit, award, and interest. I further find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadlines.

ORDER

12The applicant is not entitled to an income replacement benefit from May 30, 2023, to ongoing.

13As no benefits are owing, the applicant is not entitled to interest or an award.

14The application is dismissed.