Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 151
FSCO A13-003426
BETWEEN:
CHESTER PADILLO
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. Padillo
Patricia Horak for State Farm Mutual Automobile Insurance Company
Issues:
The Applicant, Chester Padillo, 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 its expenses incurred in respect of this arbitration hearing?
Result:
State Farm is entitled to expenses incurred in respect of this arbitration hearing.
Chester Padillo shall pay the amount of $750.00 to State Farm, inclusive of all fees, disbursements, and taxes.
EVIDENCE AND ANALYSIS:
The applicant, Chester Padillo, 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 the reasonable expenses arising out of this matter.
State Farm submitted a Bill of Costs, but Mr. Padillo 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
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2014 ONFSCDRS 151
FSCO A13-003426
BETWEEN:
CHESTER PADILLO
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:
- Mr. Padillo shall pay State Farm the amount of $750.00, inclusive of all fees, disbursements and taxes.
September 17, 2014
Edward Lee
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule — Effective September 1, 2010, Ontario Regulation 34/10, as amended.