DECISION ON EXPENSES

Before:

Eban Bayefsky

Heard:

Written submissions received by April 1, 2005 and a telephone conference call on April 22, 2005.

Appearances:

L. Craig Brown for Mr. McCoy

Amelia Leckey for Gore Mutual Insurance Company

Issues:

The Applicant, Danny McCoy, was injured in a motor vehicle accident on December 19, 1994. In a decision dated November 29, 2004, I dealt with a preliminary issue concerning Mr. McCoy's right at this time to arbitrate his entitlement to attendant care benefits. I made the following orders, while reserving on the issue of expenses:

Mr. McCoy is precluded at this time from proceeding to arbitration on the issue of attendant care benefits.

The issue in this further hearing is:

Is Gore Mutual entitled to its expenses incurred in respect of the preliminary issue hearing?

Result:

On consent of the parties, Mr. McCoy shall pay Gore Mutual its expenses of the preliminary issue hearing in the amount of $5,000, to be paid in equal instalments once per month, subject to a potential delay in the first instalment, over the next six months. Further, on consent of the parties, should Mr. McCoy, on or before July 13, 2005 (the date on which the remainder of Mr. McCoy's original arbitration is to proceed), default in his payment of Gore Mutual's expenses under this arrangement (subject to a potential delay in the first instalment), Gore Mutual will be at liberty to request an Order concerning the balance of the expenses it sought in its motion for expenses of the preliminary issue hearing, namely, $1,628.85.

April 27, 2005

Eban Bayefsky Arbitrator

Date

Neutral Citation: 2005 ONFSCDRS 55

FSCO A02-001622

FINANCIAL SERVICES COMMISSION OF ONTARIO

BETWEEN:

DANNY MCCOY

Applicant

and

GORE 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:

Mr. McCoy shall pay Gore Mutual its expenses of the preliminary issue hearing in the amount of $5,000, to be paid in equal instalments once per month, subject to a potential delay in the first instalment, over the next six months.
Should Mr. McCoy, on or before July 13, 2005, default in his payment of Gore Mutual's expenses under this arrangement (subject to a potential delay in the first instalment), Gore Mutual shall be entitled to request an Order requiring the payment of a further $1,628.85 in expenses for the preliminary issue hearing.