Deborah C. Anschell

The applicant sought to withdraw her application for arbitration of accident benefits three days before the scheduled hearing.

The insurer requested that the withdrawal be with prejudice and sought its expenses for the proceeding.

The arbitrator permitted the withdrawal without prejudice but awarded expenses to the insurer, finding that the insurer was entirely successful as the applicant did not proceed with her claims.

After reducing the insurer's claimed legal fees for excessive hours and duplication of effort, the arbitrator awarded the insurer $42,134.02 in total expenses.

The applicant was injured in a motor vehicle accident and sought statutory accident benefits from the insurer.

The applicant applied for arbitration but withdrew the application the day before the scheduled four-day hearing.

The insurer sought its expenses for preparing for the hearing.

The arbitrator found that the insurer was entitled to prepare for the hearing as there was no clear indication it would not proceed until the day before.

The arbitrator awarded the insurer its expenses in the amount of $12,751.76, reducing some witness preparation fees that exceeded the maximum allowed under the Dispute Resolution Practice Code.

Following an arbitration where the insurer successfully defended against the applicant's claims for accident benefits, the insurer sought $26,996.97 in expenses.

The arbitrator found no reason to depart from the general rule that expenses follow the event.

However, the arbitrator determined that the 227.60 hours claimed by the insurer's counsel was excessive for a four-day hearing.

The arbitrator reduced the preparation time to a more reasonable 116.15 hours, awarding the insurer $17,755.18 in total expenses.

Following an arbitration where the insurer was entirely successful in defending against the applicant's claims for statutory accident benefits, the insurer sought its expenses.

The arbitrator considered the criteria under the Insurance Act and the Dispute Resolution Practice Code, finding no reason to depart from the general rule that expenses follow the event.

However, the arbitrator found the insurer's claimed time of 132.40 hours excessive for a two-day hearing and reduced the fees, awarding the insurer expenses in the amount of $6,558.11.

The applicant sought accident benefits following a motor vehicle accident.

The parties settled the substantive issues immediately prior to the scheduled arbitration, leaving only the issue of expenses in dispute.

The applicant sought $12,532.83 in costs, while the insurer sought $17,220.24.

The arbitrator found that because the matter did not proceed to a hearing and both parties achieved a mixed result, neither party was entitled to its expenses.

The applicant sought accident benefits following a motor vehicle accident.

The parties settled the substantive issues prior to arbitration, with the insurer paying $11,422.54 for disputed treatment plans.

The applicant sought expenses for the arbitration proceeding.

The arbitrator found the applicant was successful and awarded expenses of $3,625.55, inclusive of HST, after reducing the claimed hours since the matter did not proceed to a hearing.

The applicant sought attendant care benefits following a motor vehicle accident.

The insurer denied the claim on May 9, 2012.

The applicant submitted a second application for the same benefits, which was denied on May 9, 2013.

The applicant filed for arbitration on August 13, 2014.

The arbitrator held that the initial denial on May 9, 2012, was a clear and unequivocal refusal that triggered the two-year limitation period.

Submitting a new application did not restart the limitation clock.

Therefore, the application for arbitration was statute-barred.