Neutral Citation: 2005 ONFSCDRS 137
FSCO A03-000721
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
BYOUNG-HO LEE
Applicant
and
ECHELON GENERAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before:
David Muir
Heard:
August 5, 2004, at the offices of the Financial Services Commission of Ontario in Toronto.
Written submissions were received on August 11, 2004.
Appearances:
No one appeared for Mr. Lee
Jamie Pollack for Echelon General Insurance Company
Issues:
Byoung-Ho Lee, was injured in a motor vehicle accident on November 30, 2002. He applied for and received statutory accident benefits from Echelon General Insurance Company ("Echelon"), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Mr. Lee applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
At the time and place set for the hearing, no one was in attendance for Mr. Lee. Notice of this hearing was sent to both Mr. Lee at his last known address as well as his counsel, Mr. Jeffrey Gray. Mr. Gray wrote the Commission on July 23, 2004, indicating amongst other things, that he no longer represented Mr. Lee.
In conformity with my usual practice, I adjourned the hearing in the event that Mr. Lee or his representative was late in arriving. I reconvened the matter approximately two hours later at 12:00 noon. I was satisfied that both Mr. Lee and his representative had been given notice of the hearing and the matter proceeded in Mr. Lee's absence.
There being no evidence tendered on behalf of Mr. Lee, I accepted Echelon's submission that the arbitration be dismissed and did so orally at the hearing.
EXPENSES:
Echelon submitted that it was entitled to its expenses of the arbitration. In light of the criteria set out in Regulation 664, I ordered that Echelon was entitled to its reasonable expenses of the arbitration and asked that Echelon write a letter, copied to Mr. Lee and Mr. Gray, setting out its Bill of Costs, taking into account the Order, made on March 26, 2004, requiring Mr. Lee to pay $3,181.00 for costs thrown away as a consequence of an adjournment granted to Mr. Lee.
Echelon wrote to me on August 11, 2004 setting out the basis for its claim for further expenses in the amount of $2,115.22, including a little more than $1,600.00 in legal fees. In light of the fact that Mr. Lee did not attend at the hearing and as that possibility was in the minds of Echelon prior to the August 5th date, the legal fees are somewhat excessive. Accordingly I find that Echelon is entitled to its reasonable expenses of the arbitration of $1,750.00 including legal fees, disbursements and GST.
September 24, 2005
David Muir
Arbitrator
Date
Neutral Citation: 2005 ONFSCDRS 137
FSCO A03-000721
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
BYOUNG-HO LEE
Applicant
and
ECHELON GENERAL INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
The arbitration is dismissed.
Mr. Lee shall pay to Echelon its reasonable expenses of the arbitration in the amount of $1,750.00
September 24, 2005
David Muir
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule —Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended by Ontario Regulations 462/96, 505/96, 551/96, 303/98, 114/00 and 482/01.