Successful insurer awarded appeal expenses of $4,318.79 after reductions for counsel rates and duplication.
The appellant's appeal regarding his entitlement to statutory accident benefits was previously dismissed.
The respondent insurer subsequently sought its appeal expenses.
The Director of Arbitrations found that the respondent was entirely successful on the appeal and that the issues raised were not novel, as the appellant had challenged the application of well-settled law to an unusual set of facts.
The Director awarded the respondent its appeal expenses, reducing the claimed amount to align with Legal Aid rates for senior counsel and to remove duplication for a second counsel's attendance, fixing the total at $4,318.79.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 22, 2008