Applicant awarded $16,669.05 in arbitration expenses, including enhanced hourly rates for counsel and a legal researcher.
The applicant sought expenses following a successful arbitration for statutory accident benefits.
The insurer disputed the hourly rates claimed for the applicant's counsel, law clerks, and a non-lawyer legal researcher.
The arbitrator awarded an enhanced rate of $150 per hour for counsel, finding it justified by access to justice considerations and counsel's efficient presentation.
The arbitrator also awarded an enhanced rate of $70 per hour for the legal researcher due to her particular expertise.
However, the arbitrator restricted the rate for law clerks to the Legal Aid rate of $23 per hour, as no evidence was presented to justify an enhanced rate.
Total expenses of $16,669.05 were awarded to the applicant.
