Sukhomlina and State Farm

Sukhomlina and State Farm, 2014 FSCO 4215   FACTS

  • On June 12, 2010 Arina Sukhomlina was injured in a motor vehicle accident.
  • In accordance with the Schedule[1], she was entitled to receive statutory accident benefits from State Farm Mutual Automobile Insurance Company.
  • The Applicant and the Insurer tried to resolve their dispute, but could not find a consensus.
  • Ms. Sukhomlina applied for arbitration at the FSCO[2].
  • On April 8, 2014 the Applicant did not appear to prehearing discussion (Ms. Sukhomlina’s counsel noted concerning inability to connect with the Applicant).[3]
  • On April 8, 2014 was next hearing, where Ms. Sukhomlina’s counsel filed a motion record on FSCO and State Farm.
  • Mr. Ho requested to dismiss the application.[4]

ISSUE

  • Whether Ms. Sukhomlina’s counsel should be excluded?
  • Whether Ms. Sukhomlina’s application for arbitration should be dismissed?

LAW The Insurance Act, R.S.O. 1990, c.I.8, s.282. as amended. ANALYSIS

  • Ms. Kanevsky tried to contact Ms. Sukhomlina a lot of times. Solicitor-client relationships between the Applicant and counsel were broken. Another important fact is that State Farm did not reject withdrawal of Ms. Sukhomlina’s counsel.[5]

 

  • Ms. Sukhomlina was informed concerning all of the proceedings via mail and telephone. She did not notify any new contacts or changes of current ones. There was no answer from Ms. Sukhomlina. The Applicant must have been present at FSCO.

The onus was to establish the right to claims and Ms. Sukhomlina did not meet that requirement.[6]

CONCLUSION

Ms. Kanevsky was subject to withdrawal as the Applicant’s counsil. Also Ms. Sukhomlina’s application for arbitration was dismissed.[7]

[1]The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.

[2]The Insurance Act, R.S.O. 1990, c.I.8, s.282

[3] Sukhomlina and State Farm, 2014 FSCO 4215 at para 2.

[4] Ibid at 3.

[5] Ibid.

[6] Ibid at para 4.

[7] Ibid at para 2.


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

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