Insurer awarded $1,419.05 in expenses after successfully dismissing an accident benefits claim as time-barred.
The applicant's claim for statutory accident benefits was previously dismissed as time-barred.
In this decision on expenses, the insurer sought over $6,000 in costs.
The arbitrator found that while the insurer was successful and entitled to expenses, the amount claimed was disproportionate to the simple preliminary issue hearing.
Applying the Legal Aid Services Act tariff as a guideline, the arbitrator fixed the insurer's reasonable expenses at $1,419.05, payable by the applicant.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 19, 2010