Licence Appeal Tribunal
Licence Appeal Tribunal File Number: 24-004001/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:
Minh-Kinh Vo
Applicant
and
Traders General Insurance Company
Respondent
DECISION
VICE-CHAIR: Tyler Moore
APPEARANCES:
For the Applicant: No Submissions
For the Respondent: Brittanny K Tinslay, Counsel
HEARD: By Way of Written Submissions
OVERVIEW
1Minh-Kinh Vo, the applicant, was involved in an automobile accident on December 26, 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, Traders 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 a non-earner benefit of $185.00 per week from January 24, 2022 to December 21, 2023?
iii. Is the applicant entitled to the treatment proposed by Pain Rehabilitation Clinic Inc., as follows:
- $3,907.88 for medical benefits, in a treatment plan dated July 7, 2022;
- $2,200.00 for a GP assessment, in a treatment plan dated October 8, 2022;
- $3,200.80 for medical benefits, in a treatment plan dated November 9, 2022;
- $200.00 for an OCF-3 disability assessment, in a treatment plan dated November 9, 2022;
- $3,200.80 for medical benefits, in a treatment plan dated April 17, 2023;
- $3,200.80 for medical benefits, in a treatment plan dated October 16, 2023;
- $2,500.00 for a social work assessment, in a treatment plan dated February 2, 2024; and
- $200.00 for an OCF-3 disability assessment, in a treatment plan dated March 4, 2024?
iv. Is the applicant entitled to interest on any overdue payment of benefits?
ANALYSIS
3In the case conference report and order released on August 8, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for May 9, 2025. Notice of the written hearing was e-mailed to the parties on August 15, 2024, using the contact information provided.
4The applicant’s initial submissions were due on April 9, 2025.
5The respondent filed its written submissions on April 25, 2025.
6The Tribunal has not received any further correspondence from the applicant. I further find that there has been no Notice of Motion filed seeking to extend the applicant’s submission deadlines.
7Since 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 August 15, 2024.
8The applicant has the onus of demonstrating that she should be removed from the MIG, that she is entitled to a non-earner benefit, and that she is entitled to the medical benefits in dispute.
9As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated that she should be removed from the MIG, that she is entitled to a non-earner benefit, and that she is entitled to the medical benefits and interest in dispute.
ORDER
10The applicant remains in the MIG and is not entitled to a non-earner benefit.
11The applicant is not entitled to the medical benefits in dispute.
12As no benefits are payable, the applicant is not entitled to interest.
13The application is dismissed.
Released: September 29, 2025
Tyler Moore Vice-Chair