Applicant awarded arbitration expenses despite recovering only a small fraction of her total claim.
The applicant sought her expenses for an arbitration proceeding regarding statutory accident benefits following a motor vehicle accident.
Although she was awarded only $1,050 on a claim of over $17,000, the arbitrator found she was successful because she had to pursue arbitration to recover her entitlement.
The insurer's settlement offer of $2,500 was given little weight because it required a full release of future medical and rehabilitation claims.
The arbitrator concluded the applicant was entitled to her expenses of the arbitration proceeding.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 25, 2000