Witenberg v. TD General Insurance Company, 2025 CanLII 92260

Licence Appeal Tribunal

Citation: Witenberg v. TD General Insurance Company, 2025 ONLAT 23-008654/AABS

Licence Appeal Tribunal File Number: 23-008654/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:

Michael Witenberg

Applicant

and

TD General Insurance Company

Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Nathan Tischler, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Michael Witenberg, the applicant, was involved in an automobile accident on October 26, 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, TD 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. 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 $726.04 for physiotherapy services proposed by Janice Quinn – RMT in a treatment plan/OCF-18 dated January 28, 2021?

ANALYSIS

3In the case conference report and order released on July 4, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing on March 28, 2025. Notice of the written hearing was e-mailed to the parties on July 4, 2024, using the contact information provided.

4The applicant's initial submissions were due on February 26, 2025.

5The respondent filed its written submissions on March 12, 2025.

6The Tribunal has not received any correspondence from the applicant since the case conference. Since 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 July 4, 2024.

7The applicant has the onus of demonstrating that he should be removed from the MIG and that he is entitled to the medical benefit in dispute.

8As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that he should be removed from the MIG and that he is entitled to the medical benefit in dispute. I further find that no Notice of Motion has been filed seeking to extend the applicant's submission deadlines.

ORDER

9The applicant remains in the MIG and is not entitled to $726.04 for physiotherapy services.

10The application is dismissed.