Following an arbitration where the insurer successfully defended against the applicant's claim for income replacement benefits, the insurer sought its expenses against the applicant and/or her litigation guardian.
The arbitrator dismissed the insurer's claim for expenses.
The arbitrator found no authority to assess expenses against the litigation guardian and noted that the litigation guardian did not act in a frivolous or vexatious manner.
Furthermore, the arbitrator declined to award costs against the applicant, a vulnerable person with severe psychiatric issues, finding that doing so could have a detrimental effect on vulnerable persons attempting to access accident benefits.
