Be-Nazeer Damji

The applicant was involved in a motor vehicle accident and applied for statutory accident benefits.

The parties disputed two treatment plans, and the applicant applied for arbitration.

On the eve of the hearing, the applicant requested to withdraw his application.

The insurer insisted on expenses of $9,000.00.

The arbitrator permitted the withdrawal but found that the late stage of the request warranted an award of expenses to the insurer.

The arbitrator fixed the insurer's expenses at $1,500.00, noting there were only two minor issues in dispute and no cost outline was provided for the $9,000.00 claim.

Following an arbitration where the applicant's claims for statutory accident benefits were dismissed, the insurer sought its expenses of approximately $35,000.

The arbitrator declined to order the applicant's counsel to personally pay the expenses, finding no evidence of frivolous claims or unreasonable delay attributable to counsel.

The arbitrator found the insurer was entitled to its expenses from the applicant as the successful party.

However, the arbitrator reduced the claimed fees and disbursements, noting the case was not particularly complex and disallowing costs for transcripts and excessive expert preparation time.

The applicant was ordered to pay $15,000 in expenses to the insurer.