Jadwidzic v. The Dominion of Canada General Insurance Company, 2026 CanLII 37056

Citation: Jadwidzic v The Dominion of Canada General Insurance Company, 2026 ONLAT 25-000237/AABS

Licence Appeal Tribunal File Number: 25-000237/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:

Zbigniew Jadwidzic

Applicant

and

The Dominion of Canada General Insurance Company

Respondent

DECISION

ADJUDICATOR: Melanie Malach

APPEARANCES:

For the Applicant: David Contant, Counsel

For the Respondent: Michelle Mainprize, Counsel

HEARD: By way of written submissions

OVERVIEW

1Zbigniew Jadwidzic, the applicant, was involved in an automobile accident on January 7, 2016, and sought benefits pursuant to the Statutory Accident Benefits Schedule - Effective September 1, 2010 (the “Schedule”). The applicant was denied benefits by the respondent, The Dominion of Canada General Insurance 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 $3,056.26 for occupational therapy services, proposed by Modern OT, in a treatment plan dated January 17, 2022?

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

RESULT

3I find that the applicant is not entitled to $3,056.26 for occupational therapy services, proposed in the treatment plan dated January 17, 2022, or interest.

ANALYSIS

4In the Case Conference Report and Order (“CCRO”), released on May 7, 2025, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for November 14, 2025. Notice of the written hearing was sent to the parties on May 13, 2025, using the contact information provided.

5By email dated November 27, 2025, the Tribunal wrote to the parties advising that the applicant and respondent submissions were not received by the Tribunal. It asked whether the parties have reached a resolution and advised that if they have to submit a Notice of Withdrawal form.

6By email dated November 27, 2025, the respondent advised that this matter resolved in August 2025 and believed that the applicant sent in a Notice of Withdrawal. It states that applicant’s counsel can confirm the settlement and that the hearing is not proceeding.

7By email dated November 27, 2025, the Tribunal asked the applicant to confirm that the matter has settled and provide a Notice of Withdrawal.

8By email dated November 27, 2027, counsel for the applicant confirmed that the matter was settled and would provide the Notice of Withdrawal.

9I find that to date, the applicant has not submitted a Notice of Withdrawal to the Tribunal. As such, the file is not closed. I will therefore proceed with the hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act.

10The applicant has the onus of demonstrating entitlement to the occupational therapy services in dispute and interest. As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met the burden of demonstrating entitlement to the occupational therapy services or interest.

ORDER

11For the reasons outlined above, I find that the applicant is not entitled to $3,056.26 for occupational therapy services, proposed in the treatment plan dated January 17, 2022, or interest. The application is dismissed.