Financial Services Commission of Ontario
Neutral Citation: 2002 ONFSCDRS 75
FSCO A01-000915
Between:
Reynald Bourcier Applicant
and
Primmum Insurance Co. (formerly Canada Life Casualty Insurance Company) Insurer
Reasons for Decision
Before: David Leitch
Heard: March 18, 2002, in Ottawa, Ontario.
Appearances: Mr. Bourcier Shelley Hopkins for Primmum Insurance Co. (formerly Canada Life Casualty Insurance Company)
Issues:
The Applicant, Reynald Bourcier, was involved in a motor vehicle accident on June 13, 1999. He applied for and received statutory accident benefits from Primmum Insurance Co. (formerly Canada Life Casualty Insurance Company) ("Primmum"), payable under the Schedule.1 Disputes arose between the parties which they were unable to resolve through mediation and Mr. Bourcier applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The issues in this hearing are:
Is Mr. Bourcier entitled to interest pursuant to subsection 46(2) of the Schedule for any overdue payment of benefits of $1,836.60 for damaged clothing (claimed pursuant to section 23 of the Schedule and paid by the Insurer in or about June 2001)?
Is Primmum liable to pay a special award pursuant to subsection 282(10) of the Insurance Act because it unreasonably withheld or delayed payments to Mr. Bourcier?
Is Mr. Bourcier liable to pay an amount to Primmum that does not exceed the amount of the assessment paid by Primmum in respect of the arbitration, pursuant to subsection 282(11.2) of the Insurance Act, because he commenced an arbitration that is frivolous, vexatious or an abuse of process?
Is either party liable to pay the other's expenses in respect of the arbitration under subsection 282(11) of the Insurance Act?
Result:
Mr. Bourcier is entitled to interest pursuant to subsection 46(2) of the Schedule for overdue payment of benefits in the amount of $575.96.
Primmum is not liable to pay a special award to Mr. Bourcier pursuant to [subsection 282(10)](