Angela Romano

The applicant's representative brought a motion to be removed from the record due to a breakdown in the solicitor-client relationship, as the applicant failed to communicate or attend scheduled pre-hearings.

The insurer brought a motion to dismiss the application for arbitration.

The arbitrator granted the representative's motion to be removed and dismissed the application for arbitration with costs of $950 payable by the applicant, noting the applicant's failure to attend or communicate despite ample notice.

The appellant insurer sought its legal expenses following a successful appeal that reduced the respondent's income replacement benefits and rescinded housekeeping benefits.

The respondent argued that each party should bear its own expenses or that the appellant's request was out of time.

The Director's Delegate found the appellant was entitled to 50% of its reasonable appeal legal expenses due to its success on the appeal, but reduced the proportion because the appellant had hindered the process by arguing the parties were out of time for an arbitration expense hearing despite having requested a stay.

The Delegate also reduced the claimed hourly rate for senior counsel and the disbursement for expedited transcripts, fixing the total costs payable by the respondent at $2,594.00.