Celebi v. Portage La Prairie Mutual Insurance Company, 2026 CanLII 8150

Licence Appeal Tribunal

Citation: Celebi v. Portage La Prairie Mutual Insurance Company, 2026 ONLAT 24-005323/AABS

Licence Appeal Tribunal File Number: 24-005323/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:

Renate Celebi

Applicant

and

Portage La Prairie Mutual Insurance Company

Respondent

DECISION

ADJUDICATOR: Jeff Chatterton

APPEARANCES:

For the Applicant: No Submissions

For the Respondent: Cara Boddy, Counsel

HEARD: In Writing

OVERVIEW

1Renata Celibi, the applicant, was involved in an automobile accident on January 2, 2021, 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, Portage La Prairie Mutual 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. Is the applicant entitled to $2,200.00 for a psychological assessment, proposed by Prime Health Care Inc., in a treatment plan/OCF-18 submitted on June 27, 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

3The application is dismissed. As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the disputed assessment. Neither an award nor interest are payable.

ANALYSIS

4Both parties attended the case conference on November 15, 2024. In the Case Conference Report and Order, dated the same day, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for August 1, 2025. Notice of this written hearing was emailed to the parties on November 26, 2024, using the contact information they had provided. The applicant was also sent the original Case Conference Report and Order via Purolator Courier.

5The applicant's written submissions were due July 2, 2025. The respondent filed submissions on July 18, 2025, noting that the applicant had not made submissions for this hearing, and the application should be withdrawn or dismissed.

6The applicant did not file a Notice of Withdrawal.

7Given that I find that the applicant had notice of the written hearing, I will proceed with the written hearing pursuant to s. 7(2) of the Statutory Powers Procedure Act (SPPA). This section provides that where notice of a written hearing has been given to a party to a proceeding in accordance with the SPPA, the Tribunal may proceed without the party's participation and the party is not entitled to any further notice in the proceeding.

8The applicant has the onus of demonstrating entitlement to the medical benefits, the interest and the award in dispute.

9The applicant has not filed submissions. There has been no motion made seeking to extend the submission deadline, and no Notice of Withdrawal has been received from the applicant.

10As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not met the evidentiary burden to demonstrate entitlement to the substantive issue in dispute.

Interest

11Interest applies on the payment of any overdue benefits pursuant to s. 51 of the Schedule. As no submissions have been received, no interest is owing.

Award

12The applicant sought an award under s. 10 of Reg. 664. Under s. 10, the Tribunal may grant an award of up to 50 per cent of the total benefits payable if it finds that an insurer unreasonably withheld or delayed the payment of benefits. As no submissions were received regarding an award, no award is payable.

ORDER

13As no submissions or evidence have been filed with the Tribunal by the applicant, I find that the applicant has not demonstrated entitlement to the disputed assessment.

14Neither award nor interest are payable.

15The application is dismissed.