Sheila Ramball and Samuel Ramball v. Wawanesa Mutual Insurance Company, 2010 ONFSCDRS 42

Financial Services Commission of Ontario

Neutral Citation: 2010 ONFSCDRS 42

FSCO A08-000036 FSCO A08-000037

BETWEEN:

SHEILA RAMBALL Applicant

and

WAWANESA MUTUAL INSURANCE COMPANY Insurer

AND BETWEEN:

SAMUEL RAMBALL Applicant

and

WAWANESA MUTUAL INSURANCE COMPANY Insurer

DECISION ON EXPENSES

Before: Denise Ashby Heard: Written submissions received by January 11, 2010 Appearances: Gary Mazin for Sheila Ramball and Samuel Ramball Seth Kornblum for Wawanesa Mutual Insurance Company

Issues:

The Applicants, Sheila and Samuel Ramball, were injured in a motor vehicle accident on November 12, 2004. They applied for and received statutory accident benefits from Wawanesa Mutual Insurance Company (“Wawanesa”), payable under the Schedule.¹ In my decision of September 25, 2009, I dealt with their claims for statutory accident benefits under the Schedule and made the following orders, while reserving on the issue of expenses:

1. Wawanesa shall pay Sheila Ramball a medical benefit of $1,388.02 in respect of Dr. Awenus’ Treatment Plan dated August 30, 2006 and $2,332.76 in respect of his Treatment Plan dated May 30, 2008.

2. Wawanesa shall pay Sheila Ramball an attendant care benefit at the monthly rate of $55.70, less amounts paid, for services provided from November 12, 2004 to January 23, 2005 and at the monthly rate of $10.85, less amounts paid, from January 24, 2005 to April 11, 2005.

3. Wawanesa shall pay Sheila Ramball a housekeeping and home maintenance benefit at the weekly rate of $100.00, less amounts paid, from November 14, 2004 to January 6, 2005 and at the weekly rate of $54.25, less amounts paid, from January 7, 2005 to November 13, 2006.

4. Wawanesa shall pay Samuel Ramball a medical benefit of $996.12 in respect of Dr. Awenus’ Treatment Plan dated September 6, 2006 and $2,221.76 in respect of his Treatment Plan dated May 30, 2008.

5. Wawanesa shall pay Sheila Ramball and Samuel Ramball interest on overdue benefits.

The issues in this further hearing are:

1. Is Wawanesa liable to pay Sheila Ramball’s expenses in respect of the arbitration pursuant to subsection 282(11) of the Insurance Act and, in the event Wawanesa is liable for her expenses, what is the quantum of those expenses?

2. Is Wawanesa liable to pay Samuel Ramball’s expenses in respect of the arbitration pursuant to subsection 282(11) of the Insurance Act and, in the event Wawanesa is liable for his expenses, what is the quantum of those expenses?

3. Is Samuel Ramball liable to pay Wawanesa’s expenses in respect of the arbitration pursuant to subsection 282(11) of the Insurance Act and, in the event Samuel Ramball is liable to pay Wawanesa’s expenses, what is the quantum of those expenses?

Result:

1. Wawanesa shall pay Sheila Ramball and Samuel Ramball, jointly, $9,002.60 plus GST, in respect of their expenses of the arbitration hearing.

EVIDENCE AND ANALYSIS:

Wawanesa seeks payment of its expenses in respect of Samuel Ramball’s arbitration in the amount of $5,208.60 inclusive of GST. As well, Wawanesa submits that it and