Pollard v. TD Insurance Company, 2025 CanLII 86562

Citation: Pollard v. TD Insurance Company, 2025 ONLAT 23-015669/AABS

Licence Appeal Tribunal File Number: 23-015669/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:

Rudolph Pollard

Applicant

and

TD Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Eduarda Gouveia, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Rudolph Pollard, the applicant, was involved in an automobile accident on March 12, 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, TD Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

ISSUES

2The Preliminary issue in dispute is:

i. Is the applicant barred from proceeding to a hearing for all of the benefits claimed in this application because the applicant failed to attend an insurer’s examination under s. 44 of the Schedule?

3The Substantive issues in dispute are:

i. Is the applicant entitled to a non-earner benefit of $185.00 per week from April 13, 2022 to ongoing?

ii. Is the applicant entitled to $1,627.46 for chiropractic services proposed by Revive Health Centres in a treatment plan/OCF-18 (“plan”) dated March 28, 2023?

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

ANALYSIS

4In the case conference report and order released on June 13, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for March 7, 2025. Notice of the written hearing was e-mailed to the parties on June 27, 2024, using the contact information provided.

5On August 20, 2024, the applicant’s representative at the time filed a Removal of Representative form with the Tribunal.

6On April 11, 2025, the Tribunal e-mailed the applicant, asking him to advise if he obtained new representation. The Tribunal included a response deadline of April 16, 2025.

7The Tribunal has not received any correspondence from the applicant since the Removal of Representative form was filed on August 20, 2024. There is no indication that the applicant has taken steps to obtain new representation. I further find that there has been no Notice of Motion filed seeking to extend the applicant’s submission deadlines.

8The applicant’s initial submissions were due February 5, 2025.

9The respondent filed its written submissions on February 20, 2025.

10Since 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 e-mail on June 27, 2024.

11The applicant has the onus of demonstrating entitlement to a non-earner benefit and the medical benefit in dispute.

12As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to a non-earner benefit, the medical benefit, and interest in dispute.

ORDER

13The applicant is not entitled to a non-earner benefit and $1,627.46 for chiropractic services.

14As no benefits are payable, the applicant is not entitled to interest.

15The application is dismissed.