Licence Appeal Tribunal File Number: 24-006282/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:
Rahul Singh
Applicant
and
TD General Insurance Company
Respondent
DECISION
VICE-CHAIR:
Tyler Moore
APPEARANCES:
For the Applicant:
No Submissions
For the Respondent:
No Submissions
HEARD:
By Way of Written Submissions
OVERVIEW
1Rahul Singh, the applicant, was involved in an automobile accident on August 3, 2023, 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, TD 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 the assessments or treatments proposed by the Toronto Medical Clinic, as follows:
$1,356.35 for chiropractic services, in a treatment plan submitted November 29, 2023;
$1,995.32 a psychological assessment, in a treatment plan submitted November 22, 2023; and
$1,748.05 for a biopsychosocial assessment, in a treatment plan submitted September 22, 2023?
iii. Is the applicant entitled to $1,160.00 for transportation to treatment at the Toronto Medical Centre, submitted on a claim form (OCF-6) dated November 29, 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 October 30, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for July 18, 2025. Notice of the written hearing was e-mailed to the parties, including the applicant’s personal e-mail address, on November 5, 2024.
4On November 18, 2024, the applicant’s representative filed a Removal of Representative form with the Tribunal. The request was acknowledged by the Tribunal by way of e-mail on November 21, 2024.
5The applicant’s initial submissions were due on June 18, 2025.
6The respondent’s submissions were due on July 4, 2025.
7The Tribunal has not received written submissions from either party.
8On August 19, 2025, the Tribunal e-mailed the parties to request a written hearing status update, and to confirm if the matter had resolved. The Tribunal has not received any further correspondence from the parties.
9I find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadlines, and the Tribunal has not received a Notice of Withdrawal.
10Since the applicant has not filed a Notice of Withdrawal, 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 e-mail on November 5, 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, I find that the applicant has not met the evidentiary burden to demonstrate that he should be removed from the MIG, and that he is entitled to the medical benefits, award, and interest in dispute.
ORDER
13The applicant remains in the MIG and is not entitled to the medical benefits in dispute.
14As no benefits are payable, the applicant is not entitled to interest or an award.
15The application is dismissed.
Released: January 5, 2026
Tyler Moore
Vice-Chair