Successful insurer awarded $2,000 in appeal expenses after claiming over $9,000.
The insurer, having successfully appealed an arbitration decision regarding the interaction between workers' compensation and statutory accident benefits, sought its appeal expenses.
The respondent argued that the appeal involved a novel interpretation of the law and that awarding costs against an applicant would be contrary to the protective purposes of the Insurance Act.
The Director's Delegate rejected these arguments, finding the insurer entitled to its reasonable expenses.
However, the Delegate found the insurer's claimed amount of over $9,000 to be duplicative and excessive, noting a 46:1 ratio between preparation and attendance time.
The Delegate awarded $2,000 inclusive of HST.
Security National Insurance Co./Monnex Insurance Mgmt. Inc. v. Balendra, 2013 ONFSCDRS 43