Licence Appeal Tribunal File Number: 25-003904/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:
Victoria Smith
Applicant
and
Jevco Insurance Company
Respondent
DECISION
ADJUDICATOR:
Timothy Porter
APPEARANCES:
For the Applicant:
Victoria Smith, Applicant (did not attend)
For the Respondent:
Erica Lewin, Counsel
HEARD: by Videoconference:
February 3, 2026
OVERVIEW
1Victoria Smith, the applicant, was involved in an automobile accident on April 18, 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, Jevco Insurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.
2The self-represented applicant did not attend the hearing. A brief summary of events leading up to the hearing is set out below:
i. The applicant did not attend the case conference on August 1, 2025. The applicant was represented by counsel at that time. No reasons for the absence were provided.
ii. The matter was set down for a hearing and on August 22, 2025, the hearing was scheduled for February 3, 2026; this notice was sent directly to the applicant at her email address on file.
iii. On November 24, 2025, the applicant’s representative removed themselves from representing the applicant. On November 25, 2025, the tribunal emailed the applicant at her email address on file to seek her intentions, forward the case conference report and order and the notice of video conference hearing date and particulars. It is explicitly stated that if the applicant does not attend, the hearing may proceed in her absence. This email has not been returned to the Tribunal. The applicant did not respond.
iv. On January 27, 2026, the Tribunal reached out to the applicant to request an update on hearing status. This email has not been returned to the Tribunal. The applicant did not respond.
v. On February 3, 2026, the hearing commenced at 9:30 AM, the applicant was not in attendance. I ordered a 30-minute recess so that the Tribunal could attempt to reach the applicant. The Tribunal’s Case Management Officer (CMO) placed a phone call to the applicant, a recorded message stated that the number was no longer in service. The CMO also emailed the applicant her details of the hearing as well as the CMO contact information.
vi. Respondent’s counsel submitted that they have attempted to communicate with the applicant several times by email and that no emails had been returned to sender and the applicant has not responded to any of these communications.
vii. As I was satisfied that the applicant had proper notice of the date and time for the hearing, I proceeded with the scheduled hearing at 10:05 AM.
ISSUES
3The issues in dispute are:
i. Is the applicant entitled to attendant care benefits in the amount of $8,615.64 per month from June 18, 2023, to date and ongoing?
ii. Is the applicant entitled to the treatment plans/OCF-18s (“plans”) proposed by South Keys Health Inc., as follows:
(a) $2,061.16 for psychological services, in a plan submitted January 30, 2024;
(b) $3,790.55 for occupational therapy services, in a plan submitted June 18, 2023;
(c) $4,090.28 for physiotherapy services, in a plan submitted June 22, 2023;
(d) $1,496.18 for psychological services, in a plan submitted April 24, 2023; and
(e) $3,192.03 for physiotherapy services, in a plan submitted January 11, 2022?
iii. Is the applicant entitled to interest on any overdue payment of benefits?
RESULT
4As the applicant has made no submissions and tendered no evidence in support of her claims of entitlement before the Tribunal, the applicant has not met her onus to prove, entitled to the benefits claimed.
5The application is dismissed.
ANALYSIS
6Section 7(3) of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22 (“SPPA”) states that, if notice of an oral hearing has been given to a party to a proceeding in accordance with the SPPA and the party does not attend at the hearing, the tribunal may proceed in the absence of the party and the party is not entitled to any further notice of the proceeding.
7As noted above, I am satisfied that the applicant was given notice of the videoconference hearing on August 22, 2025, November 25, 2025, as well as on January 27, 2026.
8The applicant has not responded to any email contact and no emails have ‘bounced back’ or been returned to sender. The applicant’s phone number is now not in service. Pursuant to the Licence Appeal Tribunal Rules, 2023 (“Rules”), Rule 4.4, an applicant is required to notify the Tribunal promptly of any change in contact information. I find that the applicant has not promptly notified the Tribunal of a change in contact information as her phone number is no longer in service.
9Rules 3.7 and 3.7.1 require the applicant to attend the hearing and for the Tribunal to wait 30 minutes from the scheduled start of the hearing, should a party not be in attendance. Therefore, after being satisfied that the applicant was provided with notice of the hearing and after waiting for 30 minutes during which time the CMO tried unsuccessfully to contact the applicant, I proceeded with the hearing in the applicant’s absence.
10After hearing opening submissions from the respondent, approximately 45 minutes had passed from the start of the hearing. The applicant was still not in attendance.
11As the applicant made no submissions and tendered no evidence, I find that the applicant is not entitled to the benefits claimed.
12I find that the applicant has not met her onus of demonstrating that she is entitled to the benefits in dispute. By not attending the hearing and not providing any submissions or evidence, I find that the applicant has not met her burden.
ORDER
13As the applicant has made no submissions and tendered no evidence in support of her claims of entitled before the Tribunal, the applicant has not met her onus to prove entitlement to the benefits claimed.
14The application is dismissed.
Released: February 9, 2026
__________________________
Timothy Porter
Adjudicator