Licence Appeal Tribunal File Number: 23-013166/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:
Makar Popov
Applicant
and
BelairDirect 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
1Makar Popov, the applicant, was involved in an automobile accident on January 22, 2023, 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.
ISSUES
2The issues in dispute are:
i. Are the applicant’s injuries predominantly minor as defined in s. 3 of the Schedule and therefore subject to treatment within the $3,500.00 Minor Injury Guideline (“MIG”) limit?
ii. Is the applicant entitled to an income replacement benefit in the amount of $400.00 per week from January 29, 2023 to date and ongoing?
iii. Is the applicant entitled to $2,200.00 for psychological services, proposed by Elite Assessment Centre in a treatment plan/OCF-18 (“plan”) submitted June 23, 2023 and denied September 6, 2023?
iv. Is the applicant entitled to $3,244.91 for physiotherapy services, proposed by Essential Physio Rehabilitation in a plan submitted May 29, 2023 and denied July 13, 2023?
v. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3In the case conference report and order released on April 26, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for January 10, 2025. Notice of the written hearing was e-mailed to the parties on May 2, 2024, using the contact information provided.
4The applicant’s initial submissions were due on December 11, 2024.
5The respondent’s submissions were due on December 27, 2024.
6On July 22, 2025, the Tribunal e-mailed the parties to request that they advise the Tribunal if the matter had been resolved because no written submissions had been received. As of the date of this decision, no response to the Tribunal’s e-mail has been received, and the applicant has not filed a Notice of Withdrawal.
7Since 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 2, 2024.
8The applicant has the onus of demonstrating that they should be removed from the MIG, that they are entitled to an income replacement benefit, and that they are entitled to the medical benefits in dispute.
9As no submissions or evidence have been filed with the Tribunal, I find that the applicant has not met the evidentiary burden to demonstrate that they should be removed from the MIG, that they are entitled to an income replacement benefit, and that they are entitled to the medical benefits and interest in dispute. I further find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadlines.
ORDER
10The applicant remains in the MIG and is not entitled to an income replacement benefit, $2,200.00 for psychological services, and $3,244.91 for physiotherapy services.
11As no benefits are owing, the applicant is not entitled to interest.
12The application is dismissed.
Released: August 13, 2025
Tyler Moore
Vice-Chair