Citation: Sirilas vs. Wawanesa Mutual Insurance Company, 2025 ONLAT 23-011940/AABS
Licence Appeal Tribunal File Number: 23-011940/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:
Georgios Sirilas
Applicant
and
Wawanesa Mutual Insurance Company
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: No Submissions
HEARD: By Way of Written Submissions
OVERVIEW
1Georgios Sirilas, the applicant, was involved in an automobile accident on January 2, 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, Wawanesa Mutual 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 April 12, 2024, the Tribunal ordered that the dispute proceed to a written hearing. The Tribunal scheduled a written hearing for December 20, 2024. Notice of the written hearing was e-mailed to the parties on April 25, 2024.
3On May 9, 2024, the applicant’s representative at the time e-mailed the Tribunal to advise that she would no longer be representing the applicant. The Tribunal forwarded that e-mail to the applicant on the same day and requested that he provide the Tribunal with information as to whether he would be seeking new representation or proceeding as a self-represented applicant. On May 13, 2024, the applicant responded to the Tribunal’s email, but just indicated that he did not have representation.
4On May 21, 2024, the applicant’s representative at the time submitted a removal of representation form to the Tribunal. The Tribunal acknowledged the removal of representation request by e-mail.
5The applicant’s initial submissions were due on November 20, 2024.
6On January 2, 2025, the Tribunal e-mailed the applicant, using the contact information provided, as a reminder that his initial submissions had not been received. The e-mail requested that the applicant advise the Tribunal how he wanted to proceed no later than January 6, 2025. The case conference report and order and the original Notice of Written Hearing were attached to that e-mail.
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.
ISSUES
8The issues in dispute are:
i. Is the applicant entitled to an income replacement benefit in the amount of $400.00 per week from February 21, 2020 to date and 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 interest on any overdue payment of benefits?
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 on April 25, 2024 and again on January 2, 2025.
10There was no indication that the applicant intended to obtain new representation in his e-mail correspondence to the Tribunal on May 13, 2024. There has been no evidence that he has taken steps to do so since that time.
11Neither party has filed submissions. There has been no motion made seeking to extend the submission deadlines, no adjournment request, and no Notice of Withdrawal.
12The applicant has the onus of demonstrating entitlement to an income replacement benefit, interest, and an award.
13As no submissions have been filed with the Tribunal by the applicant, I find that he has not met the evidentiary burden to demonstrate entitlement to an income replacement benefit, interest, and an award.
ORDER
14The applicant is not entitled to an income replacement benefit.
15As no benefits are owing, the applicant is not entitled to interest or an award.
16The application is dismissed.
Released: July 22, 2025
__________________________
Tyler Moore
Vice-Chair