Neutral Citation: 2005 ONFSCDRS 77
FSCO A04–000502
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
FOTA ARGILOFF
Applicant
and
CO-OPERATORS GENERAL INSURANCE COMPANY
Insurer
DECISION ON A MOTION
Before:
John Wilson
Heard:
May 27, 2005, at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances:
Ms. Argiloff on her own behalf
Ms. Lindsay Lorimer on behalf of Annette Macaro and Rochon Genova LLP
Issues:
The Applicant, Fota Argiloff, was injured in a motor vehicle accident on March 24, 2003. She applied for statutory accident benefits from Co-operators General Insurance Company ("Co-operators"), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. Argiloff applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c.I.8, as amended.
The matter was scheduled to proceed to arbitration on January 17, 2005. Just prior to the hearing, at the request of Ms. Argiloff, over the objections of the Insurer, I adjourned the arbitration hearing to April 11, 2005. The adjournment was accompanied by an order for costs thrown away payable by Ms. Argiloff.
Following the adjournment and the expense order, some difficulties apparently arose between Ms. Argiloff and Ms. Macaro over the conduct of the arbitration which led to Ms. Macaro writing to the Commission, advising that she had been dismissed as counsel, and asking to be removed as counsel of record.
Ms. Argiloff subsequently wrote to the Commission denying that she had either dismissed Ms. Macaro or consented to her withdrawal as counsel of record in this matter.
The motion is:
- Is Ms. Macaro entitled to an order removing her as counsel of record in this matter?
Result:
- Ms. Macaro is entitled to an order removing her as counsel of record in this matter
EVIDENCE AND ANALYSIS:
Necessarily, sensitive matters relating to the carriage of Ms. Argiloff’s dispute with the Insurer were at the forefront in this solicitor/client dispute . Consequently, at the request of Ms. Macaro, and with the consent of the Insurer, this motion hearing was held in the absence of representatives of the Insurer. I also made an order that the motion materials be sealed for the duration of the arbitration process.
Although the question of the cost order made against Ms. Argiloff at the first adjournment in January was obviously a point of contention for her, there was no specific request before me that it be made payable by counsel, and I expressly make no finding as to whether Ms. Macaro's conduct could attract such a serious penalty.
Ms. Argiloff’s professed aim is to continue with her claim against Co-operators. Consequently, she requested that her file be made available to her by Ms. Macaro's firm.
It goes without saying that there are some outstanding issues between the Rochon Genova firm and Ms. Argiloff concerning fees arising from work undertaken on her behalf. As solicitors properly retained, Ms. Macaro and Rochon Genova have the right to exercise a solicitor's lien on Ms. Argiloff’s file, subject to the Rules of Professional Conduct.
At the hearing, counsel for Ms. Macaro agreed to consent to an order to produce the solicitor's file to Ms. Argiloff upon the condition of the payment of the disbursements outstanding on the file, which amounted to $1,535.32. It is to be noted that neither Ms. Macaro nor Rochon Genova are waiving any outstanding fees that they may consider to be properly payable by Ms. Argiloff.
I immediately upon the payment by Ms. Argiloff of the amount of $1,535.32 .
EXPENSES:
Given the nature of the motion, I make no order as to expenses.
June 3, 2005
John Wilson
Arbitrator
Date
Neutral Citation: 2005 ONFSCDRS 77
FSCO A04–000502
FINANCIAL SERVICES COMMISSION OF ONTARIO
BETWEEN:
FOTA ARGILOFF
Applicant
and
CO-OPERATORS 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:
- Ms. Macaro and her firm, Rochon Genova, are hereby released as solicitors of record, subject to the condition that they release their file to Ms. Argiloff, immediately upon the payment by Ms. Argiloff of the amount of $1,535.32.
June 3, 2005
John Wilson
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 2, 1996, Ontario Regulation 403/96, as amended.