Applicant awarded net arbitration expenses of $7,670.22 after set-off for insurer's successful preliminary and procedural motions.
The applicant sought expenses following an arbitration for statutory accident benefits where he was awarded $9,258.33.
The insurer argued it was entitled to expenses for a successful preliminary issue hearing and an unnecessary recusal motion brought by the applicant.
The arbitrator found the applicant was substantially successful overall and had made a reasonable offer to settle.
However, the insurer was entitled to set off its expenses for the preliminary issue hearing, the recusal motion, and the applicant resiling from an agreement.
The arbitrator awarded the applicant net expenses of $7,670.22.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 4, 2009
