Substantially successful applicant in accident benefits arbitration awarded $7,904.80 in expenses.
Following a successful claim for statutory accident benefits, the applicant sought his expenses for the arbitration hearing.
The insurer argued that each party should bear their own costs due to mixed results and that the claimed amount was excessive.
The arbitrator found the applicant was substantially successful and entitled to his reasonable expenses.
The arbitrator assessed the fees for the applicant's student-at-law and supervising lawyer, as well as disbursements including expert witness fees, awarding a total of $7,904.80 plus GST.
Volodymyr Panchenko v. RBC General Insurance Company, 2008 ONFSCDRS 27
