https://www5.fsco.gov.on.ca/AD/4950
[]
Applicant’s Position
The Applicant’s representative apologized for the late withdrawal request regarding the Applicant’s Application for Arbitration. He stated that he has a busy practice and only recently, in the days prior to the Preliminary Issue Hearing, did he turn his attention to the Applicant’s file. The Applicant’s representative acknowledged that he knows that submitting an Application for Arbitration past the 2 year mark after the denial of benefits is contrary to the Schedule; however, he is of the opinion that the Applicant is not bound by the time limitations in the Schedule despite submitting no argument or factual evidence to support this position. In terms of settling this file prior to the Hearing, the Applicant’s representative acknowledged that he received the Insurer’s offer to settle this file which was sent 3 weeks prior to the Preliminary Issue Hearing. The Applicant’s representative stated that he only read the email from the Insurer in the days immediately prior to the Hearing because he doesn’t have the time or resources to reply to email correspondence. When given the opportunity, the Applicant’s representative submitted no evidence in order to defend against the Insurer’s request for costs both against himself or the Applicant in this matter.