Terry J. Tustin

The Applicant sought expenses following a successful arbitration where he was found to have sustained a catastrophic impairment.

The Insurer argued the request was filed late and disputed the quantum of fees and disbursements.

The Arbitrator extended the time limit for filing the request, finding the brief delay was minimal and denying it would be an abuse of process.

The Arbitrator awarded the Applicant $40,499.14 in expenses and disbursements, noting the Insurer's conduct prolonged the hearing.

Neither party was awarded expenses for the expense hearing itself.

The appellant appealed two orders appointing a single umpire under s. 128 of the Insurance Act to deal with five properties she owned.

The Court of Appeal dismissed the appeals, finding no error in the motion judges' exercise of discretion, noting that nothing in s. 128 prohibits appointing a single umpire for multiple properties.