Marie Melanie Armand-Marius (Applicant) and Wawanesa Mutual Insurance Company (Insurer) Arbitration, Final Decision, FSCO 4217

Case Brief
Citation
Marie Melanie Armand-Marius (Applicant) and Wawanesa Mutual Insurance Company (Insurer) Arbitration, Final Decision, FSCO 4217
Decision Date: June 26, 2014
Adjudicator: Rosemary Muzzi
Facts
• The Applicant was involved in a motor vehicle accident on March 25, 2010
• The Applicant applied for arbitration after mediation was unsuccessful
• The Applicant appeared for the pre-hearing but did not appear for the hearing (or her counsel) after being notified of the date, time and place
• The Applicant’s counsel made multiple attempts to contact her and did not receive a response
• Counsel was given permission to withdraw
• Wawanesa seeking disbursements for in the total amount of $6,193.14
Issues
Applicant was allegedly injured in a motor vehicle accident March 25, 2010 and applied for accident benefits from Wawanesa. Wawanesa refused to payout some of the benefits and Mrs. Armand-Marius applied for arbitration after mediation was unsuccessful. Mrs. Armand-Marius appeared at the pre-hearing but was absent from the scheduled hearing. Should the application for arbitration be dismissed and should Wawanesa be awarded expenses?
Decision
Under Section 282 of the Insurance Act, R.S.O. 1990, c.I.8, the application for arbitration was dismissed and Mrs. Armand-Marius ordered to pay Wawanesa expenses to the amount of $1528.67.
Reason and Analysis
The reasons for this decision are simple. The Applicant failed to appear to the scheduled arbitration hearing after applying for the arbitration herself following the failed mediation. Multiple attempts were made by both the FSCO and her own counsel. The costs associated with preparation for arbitration and the time taken to travel to the arbitration is extensive. While Wawanesa was not awarded anywhere close to what they were claiming, but the awarded amount seems fair to cover some costs. It is also important to note that hopefully this decision will provide a deterrent for applicants in the future to not waste court time and money after filing an application for arbitration.

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

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