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Motion to extend time for service of statement of claim granted as defendants suffered no prejudice.
The plaintiff brought a motion to extend the time to serve the statement of claim on two defendants in a personal injury action arising from a scooter accident.
The plaintiff had mistakenly believed the defendants were properly served within the six-month period.
The court found the delay was adequately explained and that the defendants failed to demonstrate actual prejudice caused by the delay.
The motion to extend the time for service was granted.
Arbitrator awards applicant $2,997.16 in expenses following pre-hearing settlement of accident benefits dispute.
The applicant was injured in a motor vehicle accident and sought statutory accident benefits.
The parties settled the arbitration prior to the hearing, with the insurer agreeing to pay reasonable costs and disbursements.
The parties could not agree on the quantum of expenses.
The arbitrator assessed the expenses, finding the preparation time and hourly rates claimed by the applicant's paralegal and counsel to be reasonable.
The arbitrator awarded the applicant $2,997.16 in expenses, inclusive of fees and disbursements.