Lito Denosta v. State Farm Mutual Automobile Insurance Company, 2014 ONFSCDRS 149

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

Neutral Citation: 2014 ONFSCDRS 149

FSCO A13-003383

BETWEEN:

LITO DENOSTA

Applicant

and

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Insurer

DECISION ON EXPENSES

Before: Edward Lee

Heard: Written submissions received by April 30, 2014

Appearances: Nothing was submitted on behalf of Mr. Denosta Patricia Horak for State Farm Mutual Automobile Insurance Company

Issues:

The Applicant, Lito Denosta, was injured in a motor vehicle accident on July 12, 2011. In a decision dated March 31, 2014, I dealt with his claims for statutory accident benefits under the Schedule.¹ I made the following order, while reserving on the issue of expenses:

The application was dismissed.

The issue in this further hearing is:

Which party is entitled to the expenses incurred in respect of this arbitration hearing?

Result:

State Farm is entitled to its expenses incurred in respect of this arbitration hearing.
Lito Denosta shall pay the amount of $750.00 to State Farm, inclusive of all fees, disbursements, and taxes.

EVIDENCE AND ANALYSIS:

The applicant, Lito Denosta, appeared neither at his resumption of pre-hearing discussion nor at his arbitration hearing. He presented no evidence in regard to his application for benefits under the Schedule. State Farm did attend and was entirely successful in regard to the arbitration hearing. I find State Farm is entitled to their reasonable expenses arising out of this matter.

State Farm submitted a Bill of Costs, but Lito Denosta made no submissions.

Taking into account the Bill of Costs submitted by State Farm, and the fact that three different matters had been heard jointly on the same date, I find State Farm is entitled to expenses in the amount of $750.00, inclusive of all fees, disbursements and taxes.

September 17, 2014

Edward Lee Arbitrator

Date