Arbitrator assesses applicants' arbitration expenses at $42,493.76 and determines interest payable on overdue benefits.
Following an arbitration award for chiropractic and rehabilitation expenses, the applicants sought assessment of their arbitration expenses totaling $50,791.66.
The insurer disputed the amount, arguing the legal fees and expert disbursements were excessive.
The arbitrator assessed the expenses at $42,493.76, applying a 4:1 ratio for preparation to hearing time but reducing the fees due to the applicants' minimal success and the self-serving involvement of the rehabilitation clinic.
The arbitrator also determined that interest on the awarded benefits was payable to the husband from the date of the arbitration award (due to his failure to attend a DAC assessment) and to the wife from 14 days after the DAC assessment report.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesOct 24, 2001
