Neutral Citation: 2000 ONFSCDRS 50
FSCO A98-000303
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
MARGARET KUBARSKA
Applicant
and
COACHMAN INSURANCE COMPANY
Insurer
DECISION CORRECTION
On February 24, 2000, I issued a decision in the above matter. In the last paragraph on page 8, I stated that Mr. Tessis was entitled to an hourly rate of $75.04 for the 15 hours of time that I found was "thrown away" as a result of the Applicant's late stage withdrawal of her application for arbitration. By letter dated February 29, 2000 Mr. Tessis advised that he has been practising law for 25 years and is therefore entitled to the 25% experiential premium to the hourly rate set out in the Legal Aid Regulations, as opposed to the 12.5% premium I provided for in my decision.
Accordingly, the last paragraph on page 8 of my decision should be deleted and replaced by the following:
Given Mr. Tessis' length of time at the bar, he is entitled to the 25% experiential premium to the legal aid rate, which amounts to an hourly rate of $83.75. Multiplying this rate by the 15 hours that I have found have been "thrown away" yields an amount owing of $1,256.25 for legal fees.
The first sentence of the final paragraph of the decision, found on page 9, should therefore read:
Accordingly, Ms. Kubarska is ordered to pay Coachman $3,000 for its assessment fee, $1,256.25 for Mr. Tessis' legal fees and $536.28 for disbursements for a total amount of $4,661.88, plus GST where applicable.
Finally, paragraph 2(b) of the Arbitration Order should now read:
Ms. Kubarska shall pay Coachman $1,256.25 (plus 87.94 GST) for legal fees and $536.28 (plus applicable GST of $35.74) for disbursements "thrown away";
March 13, 2000
Shari Novick
Arbitrator
Date