Following an arbitration decision where the applicant was partially successful in claiming statutory accident benefits, both parties sought their expenses of the proceeding.
The arbitrator found that the applicant was entitled to her expenses because she was partially successful and reasonably proceeded to a hearing to preserve her claim for future medical benefits, despite the insurer's offer to settle.
The insurer was ordered to pay the applicant's expenses of the arbitration and the expense hearing, fixed at $8,764.14 plus HST.