Licence Appeal Tribunal File Number: 25-011971/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:
Xavier Swampillai
Applicant
and
Definity Insurance Company
Respondent
PRELIMINARY ISSUE DECISION AND ORDER
ADJUDICATOR:
Trina Morissette, Vice-Chair
APPEARANCES:
For the Applicant:
Kenneth Ciupka, Counsel
For the Respondent:
Nicholas Maida, Counsel
Heard:
In writing
OVERVIEW
1Xavier Swampillai, the applicant, was involved in an automobile accident on February 3, 2024, and sought benefits from Definity Insurance Company, the respondent, 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 and applied to the Licence Appeal Tribunal (“the Tribunal”) for resolution of the dispute.
2The parties participated in a case conference on January 27, 2026 and a 3-day videoconference hearing has been scheduled to commence on August 18, 2026. As part of its case conference summary, the respondent raised a preliminary issue which the Tribunal ordered to be heard in advance of the substantive issues hearing.
PRELIMINARY ISSUE IN DISPUTE
3The Case Conference Report and Order (“CCRO”) dated January 27, 2026, identifies the preliminary issue as:
Is the applicant barred from proceeding with