The appellant's appeal of an arbitrator's order was previously dismissed.
The respondent insurer sought its expenses of the appeal.
The Director's Delegate considered the criteria under section 12(2) of the Expense Regulation, noting the respondent's complete success and the conduct of the appellant's representative which unnecessarily prolonged the hearing and post-hearing process.
The Delegate rejected the appellant's arguments regarding proportionality and access to justice, finding them inapplicable or outweighed by the representative's conduct.
The appellant was ordered to pay the respondent's appeal expenses fixed at $3,500 inclusive of disbursements and HST.
