Applicant ordered to pay $12,910.40 in expenses after insurer successfully defended accident benefits arbitration.
The insurer was entirely successful in the underlying arbitration regarding accident benefits and sought its expenses of $33,653.57.
The arbitrator reviewed the criteria under Rule 75.2 of the Dispute Resolution Practice Code and section 12(2) of Ontario Regulation 664.
The arbitrator found the insurer's claimed legal fees and disbursements to be excessive, noting repetitive file reviews by multiple law clerks and students, and disallowed costs for court reporting and transcripts.
The arbitrator also limited the attendance fee for the applicant's family doctor, who was treated as an expert witness, to the tariff rate.
The applicant was ordered to pay the insurer's expenses fixed at $12,910.40 inclusive of HST.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 24, 2017
