Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 24-002883/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:
Ryan Khemraj
Applicant
and
Allstate Insurance Company of Canada
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: No Submissions
HEARD: By Way of Written Submissions
OVERVIEW
1Ryan Khemraj, the applicant, was involved in an automobile accident on October 29, 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, Allstate Insurance Company of 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. 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 $2,325.60 for chiropractic services, proposed by Progressive Rehab Clinic Brampton in a treatment plan/OCF-18 ("plan") dated December 16, 2023?
iii. Is the applicant entitled to $2,592.33 for the cost of a psychological assessment, proposed by Medex Assessments Inc. in a plan dated February 15, 2023?
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 22, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for April 25, 2025. Notice of the written hearing was e-mailed to the parties on July 25, 2024.
4The applicant's initial submissions were due on March 26, 2025.
5The respondent's written submissions were due on April 11, 2025.
6The Tribunal e-mailed the parties on March 28, April 18, and April 28, 2025, to advise that the applicant's written submissions had not been received.
7On May 5, 2025, the Tribunal e-mailed the parties asking them to advise if the matter had resolved.
8The Tribunal e-mailed the parties again on September 12, 2025, requesting confirmation as to whether the matter had resolved, and if so, for the applicant to file a Notice of Withdrawal.
9There has been no response to the Tribunal's e-mails, and the applicant has not filed a Notice of Withdrawal.
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 way of e-mail on July 25, 2024.
11The applicant has the onus of demonstrating that he should be removed from the MIG, and that he is entitled to the medical benefits and award in dispute.
12As 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 benefits, award, and interest in dispute. I further find that no Notice of Motion has been filed seeking to extend the submission deadlines.
ORDER
13The applicant remains in the MIG and is not entitled to the medical benefits in dispute.
14As no benefits are owing, the applicant is not entitled to interest or an award.
15The application is dismissed.
Released: September 22, 2025
Tyler Moore
Vice-Chair