Licence Appeal Tribunal File Number: 25-000736/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:
Ashar Asad
Applicant
and
Pembridge Insurance Company
Respondent
DECISION
ADJUDICATOR:
Melanie Malach
APPEARANCES:
For the Applicant:
Mariana Slomyanski, Counsel
For the Respondent:
Kristen M. Slaney, Counsel
HEARD:
By way of written submissions
OVERVIEW
1Ashar Asad, the applicant, was involved in an automobile accident on April 28 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, 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. 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 $2,635.40 for chiropractic services, proposed by Mackenzie Medical Rehabilitation Centre Inc., in a treatment plan dated July 14, 2023?
iii. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?
iv. Is the applicant entitled to interest on any overdue payment of benefits?
RESULT
3I find that the applicant’s injuries are predominantly minor as defined in s. 3 of the Schedule and therefore subject to treatment within the $3,500.00 MIG limit. I further find that the applicant is not entitled to the treatment plan dated July 14, 2023, an award or interest.
ANALYSIS
4In the Case Conference Report and Order (“CCRO”) released on April 30, 2025, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled the written hearing for January 16, 2026. Notice of the written hearing was emailed to the parties on July 22, 2025, using the contact information provided.
5The applicant’s written submissions were due on December 17, 2025. The Tribunal has not received the applicant’s written submissions. In addition, the Tribunal has not received any further correspondence from the applicant. I find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadline, and no Notice of Withdrawal has been filed by the applicant.
6The respondent by correspondence dated January 2, 2026, wrote to the Tribunal and applicant’s counsel, advising that it has not received the applicant’s submissions nor a Notice of Withdrawal. The respondents submits that the application is abandoned by the applicant and thus should be dismissed.
7I find that as the applicant did not file a Notice of Withdrawal with the Tribunal, the file is not closed. I will therefore proceed with the hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act. I find that the parties had notice of the written hearing by way of email on July 22, 2025. I further find that there was no response from the applicant to the respondent’s correspondence dated January 2, 2026.
8The applicant has the onus to demonstrate that he should be removed from the MIG and entitlement to the treatment plan in dispute, an award an interest. As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met his burden of demonstrating his removal from the MIG, entitlement to the treatment plan in dispute, an award or interest. The application is dismissed.
ORDER
9For the reasons outlined above, I find that the applicant’s injuries are predominantly minor as defined in s. 3 of the Schedule and therefore subject to treatment within the $3,500.00 MIG limit. I further find that the applicant is not entitled to the treatment plan dated July 14, 2023, an award or interest. The application is dismissed.
Released: February 24, 2026
Melanie Malach
Adjudicator