Insurer awarded $40,357.10 in arbitration expenses due to its settlement offer and the applicant's conduct prolonging proceedings.
The Insurer sought its expenses of $75,343.92 following an arbitration where success was divided but predominantly in favour of the Insurer.
The Applicant also sought his expenses.
The Arbitrator considered the criteria under Rule 75.2 of the Dispute Resolution Practice Code, noting the Insurer's written offer to settle for $100,000, which exceeded the Applicant's recovery.
The Arbitrator also noted the Applicant's conduct in failing to comply with production orders, which prolonged the proceedings.
The Arbitrator reduced the Insurer's claimed legal fees and disbursements to reflect the Applicant's partial success and the applicable hourly rates, awarding the Insurer $40,357.10 in expenses.
The Applicant's request for expenses was dismissed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 9, 2017
