Financial Services Commission des Commission services financiers of Ontario de l’Ontario

Neutral Citation: 2008 ONFSCDRS 112

FSCO A07-001407

BETWEEN:

VICTORIA COOPER Applicant

and

WAWANESA MUTUAL INSURANCE COMPANY Insurer

DECISION ON EXPENSES

Before: Joyce Miller

Heard: By telephone conference call on May 9, 2008.

Appearances: Angela Currie for Ms. Cooper Aldo Picchetti for Wawanesa Mutual Insurance Company

Issues:

The Applicant, Victoria Cooper, was injured in a motor vehicle accident on February 21, 2006. In a decision dated February 14, 2008, I dealt with a Preliminary Issue as to whether Ms. Cooper was injured as a result of an “accident” as defined in section 2(1) of the Schedule.¹ I made the following order, while reserving on the issue of expenses:

Ms. Cooper was injured as a result of an “accident” as defined in section 2(1) of the Schedule.

The issue in this further hearing is:

Is Ms. Cooper entitled to her expenses incurred in respect of this Preliminary Issue hearing?

Result:

Ms. Cooper is entitled to her expenses incurred in respect of this Preliminary Issue hearing for legal fees in the amount of $1,396.08 plus GST; and disbursements in the amount of $252.04 plus any relevant GST.

MS. COOPER’S SUBMISSIONS

Ms. Cooper claims the following legal costs and disbursements for the Preliminary Issue hearing:

Legal Fees

Ms. Cooper claims legal fees for 29 hours at the Legal Aid Rate of $77.56 as per section 78 of the Dispute Resolution Practice Code. The total amounts to $2,249.24 plus GST.

Disbursements

Application for Arbitration $100.00

Fire Department Records 40.00

Online Research Charges 92.88

Parking at FSCO 18.16

The total amounts to $251.04 plus any relevant GST.

WAWANESA’S SUBMISSIONS

Wawanesa does not contest Ms. Cooper's claim for disbursements. It does, however, contest the number of hours for legal fees claimed. Wawanesa submits that the amount of hours is excessive, in light of the fact that the hearing had one witness and was completed in half a day. Accordingly, Wawanesa submits that the reasonable amount of hours should be a total of l8 hours, which would include both attendance at hearing and 12 hours of preparation time at the legal rate of $77.56 for a total of $1,396.08.

Ms. Cooper did not disagree with this submission by Wawanesa. I agree that a total of 18 hours for legal fees is reasonable in the circumstances of this case.

Accordingly, I find that Wawanesa shall pay Ms. Cooper, in respect of the Preliminary Issue hearing, her expenses for legal fees in the amount of $1,396.08 plus GST; and disbursements in the amount of $252.04 plus any relevant GST.

July 9, 2008

Joyce Miller Arbitrator

Date

Financial Services Commission of Ontario