Hassan/Hassan/Foster v. Traders General Insurance Company

Facts

The applicants are Warda Hassan, Mohamud Hassan, and Anthony Foster. They claimed that they were injured in an automobile accident on April 17, 2014 and asked Traders General Insurance Company, the respondent, for statutory accidents benefits. Traders claimed that the applicants were not involved in that automobile accident and thus were not injured. There was a failed mediation and an arbitration that the applicants asked for but did not attend the hearing.

Issue

The two issues that need to be resolved are the following:

  1. Should the applications for arbitration be dismissed?
  2. Should Traders be awarded its expenses?

Law

The Expense Regulation, and the rules governing the Commission, specifically Rule 37.7 and 37.9, are applied in this case.

Analysis

The applicants did not set up a date for the hearing with the arbitrator, so according to Rule 37.7, the hearing was scheduled without their agreement on June 13, 2014. They did not attend the arbitration hearing, so it continued as stated it would in Rule 37.9. Without their presence, there is no arbitration to be had, and the order to dismiss by Traders was unopposed.

Traders is entitled to expenses under section 12, subsection 2 of the Expense Regulation, based upon the criteria of the respondent’s success in the proceeding and the applicants’ failure to submit to an examination because they did not attend the arbitration.

Conclusion

As the applicants did not attend the arbitration, they are not pursuing their claims for statutory accidents benefits. Thus, the applications for arbitration are dismissed and Traders is entitled to receive expenses for its legal costs.

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