Citation: Ater v. Unifund Assurance Company, 2026 ONLAT 24-007762/AABS

Licence Appeal Tribunal File Number: 24-007762/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:

Helen Ater

Applicant

And

Unifund Assurance Company

Respondent

DECISION

ADJUDICATOR: Melanie Malach

APPEARANCES:

For the Applicant: Helen Ater, Self-represented

For the Respondent: Robbie Brar, Counsel

HEARD: By way of written submissions

OVERVIEW

1Helen Ater, the applicant, was involved in an automobile accident on July 9, 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, Unifund Assurance Company, and applied to the Licence Appeal Tribunal - Automobile Accident Benefits Service (the “Tribunal”) for resolution of the dispute.

ISSUES IN DISPUTE

2The issues in dispute are:

i. Is the applicant entitled to $419.75 for physiotherapy services, proposed by Seksek Chiropractic Professional Corporation, in an OCF-21 invoice dated August 19, 2022?

ii. Is the respondent liable to pay an award under s. 10 of Reg. 664 because it unreasonably withheld or delayed payments to the applicant?

iii. Is the applicant entitled to interest on any overdue payment of benefits?

RESULT

3I find that the applicant is not entitled to $419.75 for physiotherapy services, proposed in the OCF-21 invoice dated August 19, 2022, an award or interest.

ANALYSIS

4In the Case Conference Report and Order (“CCRO”), released on April 8, 2025, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for October 31, 2025. Notice of the written hearing was sent to the parties on April 15, 2025, using the contact information provided.

5On April 15, 2025, counsel for the applicant filed a Removal of Representative. Counsel’s email was sent to the applicant, the respondent and the Tribunal advising that she would no longer be representing the applicant regarding her accident benefits claim.

6The applicant’s initial written submissions were due on October 1, 2025. The Tribunal has not received the applicant’s written submissions.

7The respondent filed its submissions on October 16, 2025, in compliance with the CCRO. The respondent submits that to date, despite multiple contact attempts, the applicant has failed to communicate with it regarding the written hearing and has failed to deliver any written submissions in support of her Application by the deadline, as ordered by the Tribunal. The respondent requests that the subject Tribunal Application be dismissed with prejudice, as the applicant has failed to prove that she is entitled to the benefits in dispute. In the alternative, the respondent submits that the issues in dispute are moot, considering that the disputed treatment plan was already approved in full and thus there was no dispute to be had.

8I find that as the applicant did not file a Notice of Withdrawal with the Tribunal, the file was 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 April 15, 2025.

9The applicant has the onus of demonstrating entitlement to physiotherapy services in the OCF-21 invoice in dispute, an award and interest. As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met her burden of demonstrating entitlement to the physiotherapy services in the OCF-21 invoice, dated August 19, 2022; an award; or interest.

ORDER

10For the reasons outlined above, I find that the applicant is not entitled to $419.75 for physiotherapy services, proposed in the OCF-21 invoice dated August 19, 2022, an award or interest. The application is dismissed.