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Arbitrator assesses and awards $6,288.40 in expenses to an unsuccessful applicant following an arbitration hearing.
In an assessment of expenses following an arbitration where the applicant was unsuccessful, the arbitrator determined the appropriate quantum of costs payable by the insurer.
The arbitrator ruled that the applicant's former counsel had standing to represent her at the assessment, as any expenses awarded were subject to a court order requiring payment into court.
The arbitrator held that while the Legal Aid Tariff sets maximum hourly rates, arbitrators may also consider Tariff A under the Rules of Civil Procedure when assessing the reasonableness of hours claimed.
The applicant was awarded $6,288.40 in fees and disbursements, including reduced allowances for expert medical reports.
Claim for ongoing weekly income benefits dismissed as applicant was not substantially disabled from working.
The applicant was injured in a minor motor vehicle accident and received statutory accident benefits until December 1993.
She sought ongoing weekly income benefits, claiming she was substantially unable to perform her pre-accident job as a Client Service Officer due to fibromyalgia and depression.
The arbitrator dismissed the claim for ongoing benefits, finding no objective signs of disability, noting the minor nature of the accident, and relying on surveillance evidence and the applicant's undisputed ability to work part-time.
The arbitrator awarded the applicant her arbitration expenses, finding the claim was not frivolous or vexatious.
