Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 24-000058/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:
Joeval Clarke
Applicant
and
Aviva Insurance Canada
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: Alicia Edwards, Paralegal
HEARD: By Way of Written Submissions
OVERVIEW
1Joeval Clarke, the applicant, was involved in an automobile accident on December 6, 2021, 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, Aviva Insurance Canada, 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 $2,460.00 for a chronic pain assessment, proposed by HM Medical Network Ltd in a treatment plan/OCF-18 (“plan”) dated October 20, 2022?
ii. Is the applicant entitled to $2,196.10 for psychological services, proposed by HM Medical Network Ltd in a plan dated September 19, 2022?
iii. Is the applicant entitled to $4,147.25 for chiropractic services, proposed by HM Medical Network Ltd in a plan dated June 30, 2022?
iv. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
v. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3In the case conference report and order released on July 3, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for April 4, 2025. Notice of the written hearing was e-mailed to the parties on July 11, 2024, using the contact information provided.
4On February 25, 2025, the Tribunal e-mailed the parties as a reminder that their written submissions due date was approaching. The Tribunal also indicated that if the parties had reached a settlement or if the applicant wanted to withdraw the application, to please submit a Notice of Withdrawal form.
5On March 7, 2025, the Tribunal e-mailed the parties to confirm that the applicant’s submissions had not been received. The Tribunal also included the notice of written hearing and the case conference report and order.
6The applicant’s initial submissions were due on March 5, 2025.
7The respondent filed its written submissions on March 20, 2025.
8The Tribunal has not received any further correspondence, or a completed Notice of Withdrawal, from the applicant. 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 11, 2024, and again on March 7, 2025.
9The applicant has the onus of demonstrating entitlement to the medical benefits and award in dispute.
10As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that they are entitled to the medical benefits, award, and interest in dispute. I further find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadlines.
ORDER
11The applicant is not entitled to the medical benefits in dispute.
12As no benefits are owing, the applicant is not entitled to interest or an award.
13The application is dismissed.
Released: September 12, 2025
Tyler Moore Vice-Chair