Birhanu v. Chubb Insurance Company of Canada, 2025 CanLII 97756

Citation: Birhanu v. Chubb Insurance Company of Canada, 2025 ONLAT 23-015123/AABS

Licence Appeal Tribunal File Number: 23-015123/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:

Asfaw Birhanu

Applicant

and

Chubb Insurance Company of Canada

Respondent

DECISION

ADJUDICATOR:

John Mazzilli

APPEARANCES:

For the Applicant:

Sagar Shah, Counsel

For the Respondent:

Jason Frost, Counsel

HEARD:

By way of written submission

OVERVIEW

1Asfaw Birhanu, (the “applicant”), was involved in an automobile accident on October 17, 2020, 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 Chubb Insurance Company of Canada (the “respondent”) and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

PRELIMINARY ISSUES

2The preliminary issues in dispute are:

i. Is the applicant barred from proceeding with his claim for a non-earner benefit because he failed to submit an Election of Income Replacement, Non-Earner Benefit Form (“OCF-10”)?

ii. Is the applicant entitled to payment of a non-earner benefit prior to submitting a disability certificate (“OCF-3”) supporting entitlement to same?

SUBSTANTIVE ISSUE

3The substantive issue in dispute is:

i. Is the applicant entitled to a non-earner benefit of $185.00 per week from October 17, 2020, to date and ongoing?

RESULT

4The application is dismissed. The applicant is not entitlement to a non-earner benefit of $185.00 per week from October 17, 2020, to date and ongoing.

ANALYSIS

5In a Case Conference Report and Order released On May 6, 2024, the Tribunal ordered the dispute to proceed to a Written Hearing. The Tribunal scheduled a Written Hearing for January 17, 2025, with the Notice of Written Hearing e-mailed to the parties on May 9, 2024.

6The applicant’s initial submissions were due on December 3, 2024. The applicant has not provided any written submissions to the Tribunal. They have not brought a Notice of Motion seeking to extend the initial submissions deadline.

7The respondent filed submissions with the Tribunal stating it has not received the documents ordered to be produced by the applicant to the respondent in accordance with the Case Conference Report and Order, nor any hearing submissions from the applicant. The respondent is seeking a dismissal of the application.

8In my view, it is appropriate for the hearing to proceed in the absence of the applicant’s written submissions in accordance with s.7(2) of the Statutory Powers Procedure Act.

9I am satisfied that both parties received a Notice of Written Hearing on May 9, 2024, from the Tribunal. The Tribunal confirmed the applicant’s contact information prior to the dissemination of the notice, and I find based on a review of the Tribunal’s case management records that the notice was sent to the contact information provided by the applicant.

10The applicant has the onus of demonstrating entitlement to the disputed benefits. By not filing any submissions or evidence with the Tribunal, I find that the applicant has not met their burden to establish entitlement to the non-earner benefit in dispute.

ORDER

11The applicant did not provide any submissions and tendered no evidence to the Tribunal in support of the claim. As a result, I find that the applicant has not satisfied their burden to demonstrate entitlement to the non-earner benefit in dispute.

12The application is dismissed.