SUPPLEMENTARY DECISION ON EXPENSES

Before: Eban Bayefsky Heard: October 5, 2007, at the offices of the Financial Services Commission of Ontario in Toronto, and by way of written submissions completed April 7, 2008.

Appearances: Donata Di Iorio for Mr. Boyer James Leone for Allstate Insurance Company of Canada

Issues:

The Applicant, Norbert J. Boyer, was injured in a motor vehicle accident on July 24, 2001. In a decision dated May 30, 2007, I dealt with his claims for statutory accident benefits under the Schedule.¹ I made the following orders, while reserving on the issue of expenses:

Allstate shall pay Mr. Boyer weekly income replacement benefits from July 24, 2003.
The deduction of Mr. Boyer’s post-accident income shall not be calculated on the basis of his 2004 business expenses or the assistance he received from his wife in 2003 and 2004.
Allstate shall pay Mr. Boyer a medical benefit for services provided by Dr. Hoff, in the amount of $13,080.
Allstate shall pay Mr. Boyer a special award in the amount of $5,000.
Allstate shall pay Mr. Boyer interest on the income replacement benefits that were reduced to 50% (to the extent that interest has not already been paid on this amount), on Dr. Hoff’s outstanding account of $13,080 and on the income replacement benefits owing as of July 24, 2003.

On January 17, 2008, I dealt with Mr. Boyer’s claim for expenses of the arbitration, as follows:

Mr. Boyer is entitled to the following arbitration expenses: i. Expert witness fees in the amounts of $1,100, $900, $1,000 and $600, respectively, for Drs. Sie, Salmon, Hoff and Moran; ii. Mr. Kazdan’s legal fees at an hourly rate of $125; iii. Arbitration hearing legal fees in the amount of $31,147.07; and iv. Expense hearing legal fees in the amount of $196.97.
If required, the parties may make submissions on the issue of photocopy expenses, in accordance with the schedule set out in the body of this decision.

Mr. Boyer made written submissions on the issue of photocopy expenses. Allstate did not make any submissions.

The issue in this further stage of the expense hearing is:

Is Mr. Boyer entitled to photocopying expenses incurred in respect of the arbitration hearing?

Result:

Allstate shall pay Mr. Boyer arbitration expenses in respect of photocopying in the amount of $6,089.29.

EVIDENCE AND ANALYSIS:

Mr. Boyer claimed photocopying expenses in the amount of $8,341.43. The invoices he submitted totalled $7,907.13. The invoices were for photocopying through Kopyrite Inc. for a file noted to be “Boyer v. Jtran Contracting Inc.” Counsel for Mr. Boyer, Ms. Di Iorio, explained that Jtran Contracting was the owner of the vehicle that was involved in the collision with Mr. Boyer, that this was her firm’s file name for Mr. Boyer and that they had made their best efforts to submit only those photocopying expenses incurred in relation to the arbitration between Mr. Boyer and Allstate.

The photocopying invoices submitted cover the period from August 31, 2004 to October 4, 2007. Mr. Boyer commenced his arbitration in December 2003. The Commission conducted a pre-hearing conference on June 16, 2004. The hearing was originally scheduled for March 21-24, 2005, but was adjourned to January 16-19, 2006. The hearing commenced in January 2006 and concluded in June 2006, with additional written submissions received by July 7, 2006. I issued the decision on the merits on May 30, 2007. The expense hearing was held on October 5, 2007.

In the initial expense decision, I stated that I found it reasonable to infer that Mr. Boyer was required to make a significant number of photocopies in this proceeding, given the large number of exhibits and medical experts involved in this case. Allstate did not contest the photocopying invoices submitted. In these circumstances, I am prepared to award Mr. Boyer expenses for most of the photocopying he did. However, Mr. Boyer incurred $1,817.84 in photocopying expenses between July 7, 2006 (the date final written submissions were received on the hearing on the merits) and May 30, 2007 (the date on which I issued the decision on the hearing on the merits). Mr. Boyer did not indicate why he required a significant amount of photocopying during this period. I am not prepared to award expenses for these photocopying costs.

I, therefore, award Mr. Boyer arbitration expenses in respect of photocopying in the amount of $6,089.29.

Finally, Mr. Boyer recently noted that Allstate had not yet paid any of the expenses previously agreed to or ordered. He requested that I incorporate into my current order the expenses the parties agreed to just prior to the expense hearing in October 2007. I have not been provided with any settlement documentation confirming these amounts. Nor has Mr. Boyer brought a formal motion in respect of Allstate’s non-payment of expenses. In these circumstances, I am not prepared to grant the requested order at this time.

June 25, 2008

Eban Bayefsky Arbitrator

Financial Services Commission of Ontario

Neutral Citation: 2008 ONFSCDRS 102 FSCO A03-001739

BETWEEN:

NORBERT J. BOYER Applicant

and

ALLSTATE INSURANCE COMPANY OF CANADA Insurer

ARBITRATION ORDER

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

Allstate shall pay Mr. Boyer arbitration expenses in respect of photocopying in the amount of $6,089.29.