Westley Williams v. RBC General Insurance Company, 2007 ONFSCDRS 196

Financial Services Commission des

Commission services financiers

of Ontario de l’Ontario

Neutral Citation: 2007 ONFSCDRS 196

FSCO A05-001857

BETWEEN:

WESTLEY WILLIAMS

Applicant

and

RBC GENERAL INSURANCE COMPANY

Insurer

DECISION ON EXPENSES

Before: Denise Ashby, Arbitrator

Heard: August 24, 2007, at the offices of the Financial Services Commission of Ontario in Toronto.

Appearances: Adam Ezer for Mr. Williams

Alex Curry for RBC General Insurance Company

Issues:

The Applicant, Westley Williams, was injured in a motor vehicle accident on December 25, 2004. In a decision dated April 3, 2007, I dealt with his claims for statutory accident benefits under the Schedule.¹ I made the following orders, while reserving on the amount of expenses payable by Mr. Williams to RBC General Insurance Company (RBC):

Mr. Williams is not entitled to receive a medical benefit for treatment provided by East Sheppard Rehabilitation Company Ltd., claimed pursuant to section 14 of the Schedule.
RBC is not liable to pay Mr. Williams’ expenses in respect of the arbitration under section 282(11) of the Insurance Act, R.S.O. 1990, c. I.8.
Mr. Williams is liable to pay RBC’s expenses.
Mr. Williams is not entitled to interest for the overdue payment of benefits pursuant to subsection 46(2) of the Schedule.

The issue in this further hearing is:

What is the amount of the expenses that Mr. Williams shall pay to RBC in respect of the arbitration pursuant to subsection 282(11) of the Insurance Act?
Is Mr. Williams liable to pay RBC’s expenses in respect of the expense hearing pursuant to subsection 282(11) of the Insurance Act?
Is RBC liable to pay Mr. Williams’ expenses in respect of the expense hearing pursuant to subsection 282(11) of the Insurance Act?

Result:

Mr. Williams shall pay RBC General Insurance Company its expenses of $3,461.16 plus applicable GST on the disbursements.
Neither party is entitled to recover expenses from the other in respect of this expense hearing.

EVIDENCE AND ANALYSIS:

The hearing in this matter was conducted over two days in December 2006. Mr. Williams did not attend, notwithstanding he had the burden of proving his claim for a medical benefit for treatment provided by Sheppard Rehabilitation Company Ltd. (Sheppard). There was one witness. I found her evidence to be of no probative value in determining what treatment expenses had been incurred. Notwithstanding there was only one witness the hearing took 1.5 days.

RBC submits that its expenses should be fully indemnified in the amount of $5,569.41 pursuant to its Bill of Costs. It relies on the Expense Regulation which sets out the criteria for determining expenses in respect of the arbitration process.

This proceeding was not complex. I do not accept that RBC’s expenses should be fully indemnified. Given the uncomplicated nature of the medical benefit issue it should not have taken 10 hours to prepare for arbitration. Further, I find the time attributed to preparation for the pre-hearing excessive notwithstanding RBC submitted that the preparation for the pre-hearing was in contemplation of the matter proceeding to hearing.

I allow the disbursements in the amount of $1,461.16 plus applicable GST and fix the fees at $2,000.00, inclusive of GST.

On the basis of the foregoing, Mr. Williams shall pay RBC its expenses in the amount of $3,461.16 plus the applicable GST on the disbursements.

October 5, 2007

Denise Ashby

Arbitrator

Date