Arbitrator awards $60,000 in expenses to successful applicant, significantly reducing the claimed amount due to excessive dockets.
Following a preliminary hearing where the applicant was found to be catastrophically impaired, the applicant sought arbitration expenses of $144,279.21.
The insurer disputed the amount, arguing the dockets were vague, excessive, and included non-compensable items.
The arbitrator agreed with the insurer's critique, noting the applicant's counsel unnecessarily lengthened the hearing by cross-examining the insurer's experts whose reports were already deficient, and provided superficial submissions.
Applying the principles of reasonableness and global assessment, the arbitrator fixed the applicant's expenses at $60,000 inclusive of taxes.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 24, 2012
