Parties ordered to bear their own appeal expenses due to mixed success and novel legal issues.
The appellant insurer and respondent insured both sought their legal expenses following an appeal regarding the termination of statutory accident benefits.
The Director's Delegate had previously varied the arbitrator's decision by making the benefits order interim pending a final hearing.
Applying the criteria under section 12(2) of O. Reg. 664, the Delegate found that given the mixed success on appeal, the novelty of the legal issue, and the technicality of the question, it was appropriate for each party to bear its own legal expenses.
State Farm Mutual Automobile Insurance Company v. Subashini Yogesvaran, 2011 ONFSCDRS 10