DECISION ON EXPENSES

Before: James Robinson Heard: Written submissions received by December 3, 2014 Appearances: Thomas Hughes, counsel for State Farm Mutual Automobile Insurance Company, by written submission dated December 3, 2014. Mr. Singh, the applicant, made no submissions.

Issues:

The Applicant, Gurpreet Singh, was injured in a motor vehicle accident on April 14, 2010. In a decision dated November 13, 2014, I dealt with his claims for statutory accident benefits under the Schedule.¹ I made the following orders, while reserving on the issue of expenses:

The applicant’s request to withdraw his claim was granted.

The issue in this further hearing is:

Is State Farm Mutual Automobile Insurance Company (State Farm) entitled to its expenses incurred in respect of this arbitration application?

Result:

Mr. Singh shall pay expenses to State Farm Mutual Automobile Insurance Company fixed in the amount of $1,292.72 (inclusive of fees, disbursements and all applicable taxes.)

EVIDENCE AND ANALYSIS:

A prehearing was held in this matter at the Office of the Financial Services Commission of Ontario on April 30, 2014. On or about July 8, 2014 the applicant executed a written consent authorizing his former representative to remove himself from the record. The applicant further authorized that his request that his application be withdrawn be forwarded to counsel for the insurer and to the Commission.

On November 12, 2014 I ordered that the applicant’s former representative be removed from the record in this matter.

On November 13, 2014 I granted the request of the applicant to withdraw his application, having first found that the insurer had not consented to such withdrawal. I then granted the request of the insurer for an expense hearing and I ordered that such hearing proceed by way of written submission. The insurer filed its written submissions on December 3, 2014. The applicant made no written submissions within the time stipulated. I accordingly proceeded with this expense hearing.

The insurer seeks expenses in the amount of $1,144.00 plus HST in the amount of $148.72 for a total of $1,292.72 ($1,144.00 + 148.72 = $1,292.72) The insurer’s counsel prepared and issued a Response to the application, and subsequently prepared for and attended at the pre-hearing of this matter. Thereafter he engaged in a lengthy correspondence arising from the decision of the applicant’s representative to remove himself from the record and the applicant’s decision to withdraw. Finally, counsel prepared written submissions with respect to this expense hearing.

In the exercise of my discretion under Rule 75.2 of the Dispute Resolution Practice Code I find that the degree of success of the insurer amply justifies an award of expenses in the amount claimed. I am satisfied that the quantum is reasonable and proportionate to the degree of complexity of the matters in issue and the stage the proceedings had reached at the time the application was finally withdrawn.

January 9, 2015

James Robinson Arbitrator

Financial Services Commission of Ontario

Neutral Citation: 2015 ONFSCDRS 5 FSCO A13-006260

BETWEEN:

GURPREET SINGH 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. Singh shall pay to State Farm Mutual Automobile Insurance Company its expenses in respect of this arbitration proceeding, fixed in the amount of $1,292.72 (inclusive of fees, disbursements and any appliable taxes.)