Neutral Citation: 2007 ONFSCDRS 158 FSCO A05-001999

BETWEEN:

RUZI CHOWDHURY Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Insurer

DECISION ON EXPENSES

Before: William J. Renahan Heard: By written submissions Appearances: Dev Misir for Mrs. Chowdhury Ian D. Kirby for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Ruzi Chowdhury, was injured in a motor vehicle accident on October 17, 2003. In a decision dated May 17, 2007, I dealt with her claims for statutory accident benefits under the Schedule.¹ I dismissed the application for arbitration and ordered that Ms. Chowdhury pay State Farm its expenses of the arbitration proceeding.

The issue in this further hearing is:

What is the amount of State Farm’s expenses of the arbitration proceeding?

Result:

Mrs. Chowdhury shall pay State Farm $8,795.97 as its expenses of the arbitration proceeding.

EVIDENCE AND ANALYSIS:

The hearing took three days. Following my decision, Mr. Kirby forwarded his Bill of Expenses to Mr. Misir. Mr. Misir did not respond and Mr. Kirby asked for a hearing. I advised the parties I would deal with the matter by written submissions. Mr. Kirby forwarded his Bill to me. He claimed $7,925.48 for fees and $1,492.20 for disbursements. His total Bill, including G.S.T. is for $9,907.97. I asked Mr. Misir to identify the items in dispute, the reasons for the dispute and argument. Mr. Misir advised me that he has not received instructions from his client to file a response.

The disbursements include $1,112.00 State Farm paid to Dr. W.J. Potashner for attendance at the arbitration. Dr. Potashner is a rheumatologist. He conducted an examination for State Farm and completed a report. He testified briefly in chief and more extensively under cross-examination. I did not find his opinion necessary or helpful in making a decision concerning Mr. Ruzi’s entitlements. Accordingly, I disallow the $1,112.00 disbursement paid for his attendance.

Otherwise, the amounts Mr. Kirby charged are in line with the criteria I should consider and the amounts allowable under the Schedule to the Expense Regulation, 1990 Reg. 664, as amended.

I therefore allow total fees, disbursement and G.S.T. of $8,795.97.

August 14, 2007

William J. Renahan Arbitrator

Date

ARBITRATION ORDER

Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:

Ruvi Chowdhury shall pay State Farm its expenses of the arbitration proceeding in the amount of $8,795.97.