Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2013 ONFSCDRS 104
FSCO A11-003374
BETWEEN:
YI PING GENG
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
DECISION ON ASSESSMENT OF EXPENSES
Before: Judith Killoran
Heard: July 26, 2013 by teleconference at the offices of the Financial Services Commission of Ontario in Toronto.
Appearances: Ms. Geng was self represented
Mouna Hanna for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Yi Ping Geng, was involved in a motor vehicle accident on February 6, 2009. In a decision dated May 13, 2013, I dealt with her claims for statutory accident benefits under the Schedule.1 I made the following orders, while reserving on the issue of the assessment of expenses:
Ms. Geng’s Application for Arbitration is dismissed.
State Farm is entitled to its expenses of the arbitration.
The issue in this further hearing is:
- What is the amount of expenses to which State Farm is entitled?
Result:
- Ms. Geng shall pay $1500 to State Farm in expenses, inclusive of disbursements and HST.
EVIDENCE AND ANALYSIS:
On July 26, 2013 at 10 a.m., I conducted an assessment of expenses hearing by teleconference arranged by the Financial Services Commission of Ontario. A Mandarin interpreter participated to assist Ms. Geng.
State Farm submitted its Bill of Costs and invoices which had been served on Ms. Geng on April 23, 2013. State Farm claimed a total of $7,591.67 in expenses, inclusive of disbursements and HST.
Ms. Geng, through her interpreter, made submissions about her lack of familiarity with English and the dispute resolution process. She also submitted that she is not in an economic position to pay $7,591.67 in expenses.
Having reviewed the Bill of Costs and taken into consideration the totality of the submissions made by both parties, I find that Ms. Geng shall pay State Farm’s expenses, which I fix at $1500, inclusive of disbursements and HST.
August 12, 2013
Judith Killoran Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2013 ONFSCDRS 104
FSCO A11-003374
BETWEEN:
YI PING GENG
Applicant
and
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- Ms. Geng shall pay $1500 to State Farm for expenses, inclusive of disbursements and HST.
August 12, 2013
Judith Killoran Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996, Ontario Regulation 403/96, as amended.