The insurer sought an order for expenses following an arbitration hearing regarding statutory accident benefits, arguing that it was substantially successful and therefore entitled to its expenses.
The insured person argued that the parties should bear their own expenses given her limited means and mixed success.
The arbitrator rejected a 'winner take all' approach to expenses under the Statutory Accident Benefits scheme, noting it is consumer protection legislation.
Because the insured person raised a legitimate issue and achieved some limited success, the arbitrator ordered that each party bear their own expenses.
