Insurer awarded $24,750 in arbitration expenses following successful defence of statutory accident benefits claims.
Following the dismissal of the applicant's claims for statutory accident benefits, the successful insurer sought its arbitration expenses.
The applicant's former counsel had withdrawn, and the applicant did not appear at the expenses hearing.
The adjudicator found the insurer was entirely successful in its defence and entitled to its reasonable legal expenses.
Applying a global assessment approach, the adjudicator awarded the insurer $24,750 for fees and disbursements, inclusive of HST, noting the extensive hearing time and the importance of the surveillance investigation to the outcome.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 25, 2020