Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2005 ONFSCDRS 175
FSCO A04-002032
BETWEEN:
DARRYL HARRIS
Applicant
and
WAWANESA MUTUAL INSURANCE COMPANY
Insurer
REASONS FOR DECISION
Before:
William J. Renahan
Heard:
December 5, 2005, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
Mr. Harris did not appear
Stephen B. Macaulay for Wawanesa Mutual Insurance Company
Issues:
The Applicant, Darryl Harris, was injured in a motor vehicle accident on January 31, 2004. He applied for and received statutory accident benefits from Wawanesa Mutual Insurance Company, payable under the Schedule.1 Wawanesa refused to pay for certain examinations and medical benefits. The parties were unable to resolve their disputes through mediation, and Mr. Harris 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. Harris entitled to payment for treatment pursuant to section 14 of the Schedule provided at Canadian Rehabilitation Centre between January 15, 2004 and May 6, 2004? Mr. Harris claims $4,068.25.
Is Mr. Harris entitled to payment for chiropractic treatment pursuant to section 14 of the Schedule provided by Dr. Bourassa? Mr. Harris claims $710.
Is Mr. Harris entitled to payment pursuant to section 24 of the Schedule for the following costs of examinations:
Dr. Baird $1,969;
Dr. Baird $2,999?
- Is Mr. Harris entitled to a special award pursuant to section 282(10) of the Insurance Act?
- Is either party entitled to their expenses of the arbitration proceeding pursuant to section 282(11) of the Insurance Act?
Result:
The Application for Arbitration is dismissed.
Mr. Harris shall pay Wawanesa's expenses of the arbitration fixed in the amount of $1,650.
EVIDENCE AND ANALYSIS:
Although served with the Notice of Hearing at his last address filed with the Commission, neither Mr. Harris or a representative appeared at the hearing.
In the absence of any evidence on behalf of Mr. Harris, I dismiss the Application for Arbitration.
EXPENSES:
The hearing concluded after half an hour. Slightly less than $10,000 was in issue. Mr. Macaulay said that he has over ten years of experience. According to the Expense Regulation, I am therefore allowed to award him expenses at the maximum of $92.23 per hour. Mr. Macaulay itemized his recoverable disbursements and estimated that they exceeded $918.
I award total expenses of the arbitration proceeding of $1,650 which comprises $750 fees, $900 disbursements and GST.
December 16, 2005
William J. Renahan Arbitrator
Date
Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2005 ONFSCDRS 175
FSCO A04-002032
BETWEEN:
DARRYL HARRIS
Applicant
and
WAWANESA MUTUAL 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 Application for Arbitration is dismissed.
Darryl Harris shall pay Wawanesa Mutual Insurance Company $1,650 as expenses of the arbitration proceeding.
December 16, 2005
William J. Renahan Arbitrator
Date