Green v. Unifund Assurance Company, 2026 CanLII 42200

Licence Appeal Tribunal

Citation: Green v. Unifund Assurance Company, 2026 ONLAT 25-001265/AABS

Licence Appeal Tribunal File Number: 25-001265/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:

Shelly-Ann Green

Applicant

and

Unifund Assurance Company

Respondent

DECISION

ADJUDICATOR: Melanie Malach

APPEARANCES:

For the Applicant: Alim Ramji, Counsel

For the Respondent: Brittany Landry, Counsel

HEARD: By way of written submissions

OVERVIEW

1Shelly-Ann Green, the applicant, was involved in an automobile accident on May 20, 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, 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. 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 $3,187.86 for Psychological Services, proposed by Complete Rehab Centre in a treatment plan, dated June 17, 2024?

iii. Is the applicant entitled to $128.68 ($1,301.15 less $1,195.47 approved) for Physiotherapy Services, proposed by Ajax Rehabilitation Centre, in a treatment plan, dated November 30, 2023?

iv. Is the applicant entitled to $1,387.55 ($2,738.40 less $1,350.85 approved) for Physiotherapy Services proposed by Ajax Rehabilitation Centre, in a treatment plan, dated July 18, 2024?

v. Is the applicant entitled to the assessments proposed by Complete Rehab Centre, as follows:

a) $2,530.00 for a Psychological Assessment, in a treatment plan dated February 2, 2024; and

b) $2,680.00 for an Orthopaedic Assessment, in a treatment plan dated February 6, 2024?

vi. 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. I further find that the applicant is not entitled to the treatment plans in dispute or interest.

ANALYSIS

4In the Case Conference Report and Order (“CCRO”), released on May 8, 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.

5The applicant’s initial written submissions were due on October 15, 2025. The Tribunal has not received the applicant’s submissions.

6The respondent filed its submissions on October 31, 2025. The respondent submits that to date, the applicant has failed to comply with the CCRO; failed to provide requested information; failed to tender her written submissions; and failed to meet her burden of proof. 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.

7By email dated November 6, 2025, the Tribunal wrote to the parties and reminded them that the applicant’s submissions were due 30 calendar days prior to the scheduled hearing date of November 14, 2025.

8On November 11, 2025, counsel for the applicant wrote to the Tribunal and advised that the applicant’s submissions were unfortunately never filed due to inadvertence of the hearing date/submission date not being diarized.

9I find that the applicant did not subsequently file her submissions with the Tribunal. I further find that the applicant did not file a Notice of Motion to grant an extension of time for filing her submissions. The applicant’s counsel did not send any further correspondence to the Tribunal after sending the email on November 11, 2025.

10I 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 May 13, 2025.

11The applicant has the onus of demonstrating that her injuries are not predominantly minor as defined in s. 3 of the Schedule as well as entitlement to the treatment plans 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 her burden of proving that her injuries are not predominantly minor as defined in s. 3 of the Schedule, entitlement to the treatment plans in dispute or interest.

ORDER

12For the reasons outlined above, I find that the applicant’s injuries are predominantly minor as defined in s. 3 of the Schedule. I further find that the applicant is not entitled to the treatment plans in dispute or interest. The Application is dismissed.