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Arbitrator assesses and fixes applicant's arbitration expenses at $37,622.11 following settlement of accident benefits claim.
The parties resolved their dispute concerning the applicant's claims for statutory accident benefits on the first day of the scheduled hearing.
The insurer agreed to pay the applicant's reasonable expenses, but the parties could not agree on the quantum.
The applicant sought $40,658.73.
The arbitrator assessed the expenses, reducing the amount claimed for a medical report to the statutory maximum exclusive of GST, and deducting hours billed for an interim motion that was subject to a separate costs order.
The arbitrator allowed the hours billed for a private mediation and found the total preparation time reasonable given the complexity of the case.
Expenses were fixed at $37,622.11.
