J.A.Michael Wolfe

Following the dismissal of the appellant's appeal regarding whether he was injured in an 'accident', the successful insurer requested an expense hearing.

The insurer claimed $6,789.53 in fees and $731.99 in disbursements.

The Director's Delegate found the claimed fees excessive for a straightforward, single-issue appeal and noted that court reporter costs are not recoverable disbursements.

Making a global assessment of reasonable expenses, the Delegate ordered the appellant to pay the insurer $2,800 inclusive of disbursements and HST.

The insurer appealed an arbitrator's decision increasing the respondent's caregiver benefits to the statutory maximum of $350 per week and awarding interest on those benefits.

The Director's Delegate upheld the increase in benefits, finding the arbitrator reasonably concluded the respondent had undervalued her mother's caregiving services out of fear of benefit termination.

However, the Director's Delegate varied the interest award, holding that interest on the increased amounts could only run from the dates the insurer was actually put on notice of the higher claims, as the benefits were not overdue until claimed.