S. Keenan

The Attorney General of Ontario brought a motion to approve a settlement under s. 18.1 of the Civil Remedies Act regarding $195,110 in seized currency.

The currency was seized from a safe during a drug trafficking investigation.

The parties agreed to a settlement where $39,022 would be paid to the respondent's mother, and the remainder forfeited to the Crown.

The court found the currency was likely the proceeds of unlawful activity and approved the settlement as a reasonable compromise in the interests of justice.

The Insurer, having been wholly successful at arbitration and on appeal regarding the Applicant's claims for statutory accident benefits, sought its expenses of the proceeding.

The Insurer claimed over $36,000 in legal fees and disbursements.

The Arbitrator reviewed the criteria under the FSCO Dispute Resolution Practice Code and found that while the dispute was legitimate, the Insurer was entitled to its reasonable expenses.

After reducing excessive claims for photocopies and expert witness fees, the Arbitrator fixed the expenses payable by the Applicant to the Insurer at $10,000.00, inclusive of fees, disbursements, and taxes.