Arina Sukhomlina and State Farm Mutual Automobile Insurance Company

Facts

  • On June 12, 2010 Arina Sukhomlina was injured in a motor vehicle accident. She received statutory accident benefits from State Farm Mutual Automobile Insurance Company. Mediation did not work for the parties and therefore Ms. Sukhomlina applied for arbitration in order to settle the dispute.

History

  • Throughout the course of the hearings Ms. Sukhomlina failed to attend arbitration, on a number of occasions. She was given a notice after missing her first hearing but still failed to attend.

Issue

  • There are 2 issues at hand they are the following:
  • Should Ms. Kanevsky be allowed to withdraw as counsel for Ms. Sukhomlina?
  • Should Ms. Sukhomlina’s application for arbitration be dismissed?

Rule

  • The court looked at client-solicitor relationships, and Ms. Sukhomlina’s failure to reply/ attend arbitration

Analysis

  • Ms. Sukhomlina’s representative had tried several times to contact her, but she did not get a reply from her. State Farm also did not protest against the representative’s withdrawal, and therefore it was enough of a reason for the court to approve the representative’s withdrawal.
  • Ms. Sukhomlina’s failure to respond /attend the proceedings (that were sent to her last known address) was satisfactory in dismissing her arbitration. She was also contacted by phone, but once against there was a failure to respond. This lead to her failure to prove her claims and therefore her application was dismissed.

Conclusion

  • The application for arbitration was dismissed and client-solicitor relationship is withdrawn. There were no expenses sought therefore, none were given.

This case can be found on https://www5.fsco.gov.on.ca/AD/4217

Maneet Salh is a Paralegal student at Centennial College in Toronto studying professional communications with Omar Ha-Redeye.

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