Applicant awarded partial arbitration expenses despite losing on causation, as the claim was brought in good faith.
Following a decision dismissing the applicant's claims for medical and rehabilitation benefits due to a lack of causation, both parties sought their expenses of the arbitration.
The arbitrator found that the applicant's claim was brought in good faith and awarded him 75 percent of his legal fees and 100 percent of his assessable disbursements.
The arbitrator reduced the claimed counsel hours from 90 to 40, set the hourly rate at $110, and allowed the full $1,100 cost of an occupational therapist's report.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesFeb 17, 2000
