Citation and File Number

Citation: Alzuabidi v. Pembridge Insurance Company, 2025 ONLAT 24-002886/AABS

Licence Appeal Tribunal File Number: 24-002886/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:

Naji Alzuabidi Applicant

and

Pembridge Insurance Company Respondent

DECISION

VICE-CHAIR: Tyler Moore

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Diana Oliveira, Counsel

HEARD: By Way of Written Submissions

OVERVIEW

1Naji Alzuabidi, the applicant, was involved in an automobile accident on November 18, 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, Pembridge 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. Is the applicant entitled to $4,822.45 for physiotherapy services, proposed by We Care Rehab Clinic, in a treatment plan/OCF-18 (“plan”) submitted on December 27, 2023?

ii. Is the applicant entitled to $2,460.00 for a psychological assessment, proposed by Oshawa Physiotherapy and Rehabilitation Centre, in a plan submitted December 22, 2023?

ANALYSIS

3In the case conference report and order released on July 22, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled the written hearing for April 25, 2025. Notice of the written hearing was e-mailed to the parties on July 25, 2024, using the contact information provided.

4The applicant’s initial submissions were due on March 26, 2025.

5The respondent filed its written submissions on April 11, 2025.

6On March 28, 2025, the Tribunal e-mailed the parties to advise that the applicant’s initial submissions had not been received. The Tribunal requested confirmation if a settlement had been reached, and if so, for the applicant to file a Notice of Withdrawal.

7On April 18 and April 29, 2025, the Tribunal e-mailed the parties as a further reminder that the applicant’s submissions had not been received, and to request that the applicant file a Notice of Withdrawal if the matter had resolved.

8There has been no response to the Tribunal’s e-mails, and the applicant has not filed a Notice of Withdrawal.

9Since the applicant did not file a Notice of Withdrawal, 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 25, 2024.

10The applicant has the onus of demonstrating entitlement to the medical benefits in dispute.

11As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the medical benefits in dispute. I further find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadlines.

ORDER

12The applicant is not entitled to the treatment plans in dispute.

13The application is dismissed.