The applicant sought to withdraw her application for arbitration at the Financial Services Commission of Ontario in order to pursue her claims in the Superior Court of Justice.
The insurer opposed the withdrawal but requested costs, including costs against the applicant's counsel personally, if the withdrawal was granted.
The Arbitrator permitted the withdrawal on the condition that the applicant cannot re-apply for arbitration on the same issues.
The Arbitrator awarded $500 in costs to the insurer, payable by the applicant, finding the arbitration application was unnecessary given the subsequent choice to proceed in court.
The request for costs against counsel personally was dismissed due to a lack of evidence regarding who made the strategic decisions.
