Appeal dismissed; solicitor/client costs are not prescribed expenses and interest requires a Form 1 submission.
The appellant appealed an arbitrator's decision regarding arbitration expenses and interest on retroactive attendant care and housekeeping benefits.
The Director's Delegate dismissed the appeal, finding that the arbitrator correctly concluded that solicitor/client costs are not prescribed expenses under the Insurance Act and reasonably exercised his discretion in reducing the claimed hours.
The Delegate also upheld the arbitrator's finding that, pursuant to Grigoroff, interest on attendant care benefits only begins to run 10 business days after the insurer receives a Form 1 assessment, not from the date the insurer is merely aware of the need.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 13, 2019
