Sukhomlina V. State Farm Insurance

ARINA SUKHOMLINA

V.

STATE FARM MUTUAL AUTOMOBILE, INSURANCE COMPANY

History:
Applicant, Arina Sukhomlina was in a motor vehicle accident causing her injury June 12th 2010. Following her accident, she then received statutory accident benefits from the State Farm Mutual Automobile Insurance Company.

Although mediation sessions took place, nothing was resolved and the applicant applied for arbitration through the Financial Services Commission of Ontario under the Insurance Act, R.S.O 1990, c.1.8 where it was revised.

FSCO had a prehearing discussion that was arranged for April 2014, which Ms. Sukhomlina failed to attend. FSCO then arranged for a hearing date scheduled for June of 2014 as well as sending a letter to Ms. Sukhomlina outlining the consequences of non-attendance for her absence during the prehearing as well as the proceeding information for the hearing date scheduled for June.

Issues:
1. Should State Farm’s Respresentitive, Ms. Kanevsky be permitted to withdraw as counsel for the Applicant, Ms. Sukhomlina?
2. Should an Arbitration date be set up in request of the Applicant’s application?

Analysis:
After the numerous failed attempts to reach the Applicant, Ms. Sukhomlina; it is found that there has been a failure in the solicitor-client relationship between State Farm’s Representative, Ms. Kanevsky and the Applicant, Ms. Sukhomlina. FSCO has allowed permission for State Farm to withdraw as a solicitor of record.

Ms. Sukhomlina’s application for arbitration was dismissed as she was given many notifications (via mail and telephone) of her upcoming proceedings at FSCO and failed to appear. The Applicant failed to meet the onus of establishing entitlement claims made in her Application for Arbitration, which was why it was dismissed.

Reasoning:
The Applicant, Ms. Sukhomlina’s failed to reply or attend any of the proceedings set up by FSCO. The client-solicitor relationship was then looked into further where it was concluded that the Applicant had broken this relationship by failing to respond and/or attend scheduled hearings.

Conclusion:
1. State Farm, Ms. Kanevsky has been granted permission to withdraw as counsel from the Applicant
2. The Applicant, Ms. Sukhomlina was denied the right for Arbitration

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

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

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