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.

Ontario Parties on Auto Insurance

Liberals

The Liberal plan for auto insurance is their Cost and Rate Reduction Strategy, which has two goals for average rates in mind:

  1. 8% lower by August 2014, and
  2. 15% lower by August 2015.

They hope to accomplish this with reforms, hoping to bring the average rates down more than the 5.6% after the first three months of 2014. Such reforms include the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, also known as Bill 171. The Bill was not passed before the election, but will be if the Liberals are the next in power, and it will reduce costs by changing the dispute resolution system and through other means, while further preventing things such as fraud to protect consumers.

A source in April 2014, however, indicates that the Strategy by the Liberals is not enough thus far, and more help is needed to make it work. Insurers need to further ensure efficiency and enact other measures for the Strategy to reach its set goals.

NDP

The NDP on the other hand wish for auto insurance rates to drop 15% and have promised to do so in a year if they win the election. This sets their goal date at June 12, 2015 rather than August 12, 2015 for the Liberals. They also aim to change the rate-setting process by involving consumers in it, though how that will be accomplished remains only speculation.

Conservatives

The Conservatives, like the Liberals, also have their own plan for auto insurance, with four main goals:

  1. Eliminate red tape,
  2. Fight insurance fraud,
  3. Make the dispute resolution system more effective, and
  4. Ensure auto insurers are accountable to customers.

To accomplish these goals, they suggest the use of private mediators in disputes, independent medical assessment, a switch to a file-and-use system for rates, and the HCAI system for billing. The Conservatives also intend to hold insurance executives more accountable on a financial level. These will enhance customer experience and security.

For further details or more than just a summary, the source can be found here.

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