Licence Appeal Tribunal File Number: 24-010272/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:
Jatinder Kaur
Applicant
and
Motor Vehicle Accident Claims Fund (MVACF)
Respondent
DECISION
ADJUDICATOR:
Melanie Malach
APPEARANCES:
For the Applicant:
Sagar Shah, Counsel
For the Respondent:
Sharon E. Warden, Counsel
HEARD:
By way of written submissions
OVERVIEW
1Jatinder Kaur, the applicant, was involved in an automobile accident on March 9, 2022, 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, Motor Vehicle Accident Claims Fund, 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 an income replacement benefit in the amount of $343.83 per week from March 16, 2022 to ongoing?
ii. Is the applicant entitled to $503.98 ($2,200.00 less $1,696.10 approved), for psychological services, proposed by Sarvin Sabet Psychological Services in a treatment plan dated August 10, 2022?
iii. Is the applicant entitled to the services proposed by Ortho Rehab Group Inc. as follows:
$2,693.82 for occupational therapy services, in a treatment plan dated September 7, 2022;
$4,461.91 for chiropractic services, in a treatment plan dated September 22, 2022; and
$3,602.47 for assistive devices, in a treatment plan dated October 5, 2022?
iv. Is the applicant entitled to interest on any overdue payment of benefits?
RESULT
3I find that the applicant is not entitled to an income replacement benefit in the amount of $343.83 per week from March 16, 2022 and ongoing, the treatment plans in dispute or interest.
ANALYSIS
4In the Case Conference Report and Order (“CCRO”), released on December 13, 2024, the Tribunal ordered the dispute to proceed to a written hearing. The Tribunal scheduled a written hearing for August 22, 2025. Notice of the written hearing was emailed to the parties on December 17, 2024, using the contact information provided. By email dated July 15, 2025, a reminder was sent by the Tribunal to all parties that the submission due date is approaching for the upcoming written hearing on August 22, 2025.
5The applicant’s initial written submissions were due on July 23, 2025. An email dated July 25, 2025, was sent by the Tribunal to all parties as a reminder that the submissions due date was on July 23, 2025 for the upcoming written hearing on August 22, 2025. The Tribunal has not received the applicant’s written submissions. In addition, the Tribunal has not received any further correspondence from the applicant. I find that no Notice of Motion has been filed seeking to extend the applicant’s submission deadline, and no Notice of Withdrawal has been filed by the applicant.
6The respondent filed its submissions in compliance with the CCRO on August 5, 2025.
7I 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 Procedures Act. I find that the parties had notice of the written hearing by way of email on December 17, 2024.
8The applicant has the onus of proving entitlement to income replacement benefits, 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 his burden of demonstrating entitlement to an income replacement benefit, the treatment plans in dispute or interest.
ORDER
9I find that the applicant is not entitled to an income replacement benefit in the amount of $343.83 per week from March 16, 2022 and ongoing, the treatment plans in dispute or interest. The application is dismissed.
Released: January 30, 2026
Melanie Malach
Adjudicator