Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 161
FSCO A15-000866
BETWEEN:
DEDRA THOMAS
Applicant
and
PAFCO INSURANCE COMPANY
Insurer
DECISION ON EXPENSES
Before: Arbitrator Benjamin Drory
Heard: By written submission completed April 18, 2016
Appearances: Ms. Dedra Thomas did not participate
Mr. Matthew Owen participated for Pafco Insurance Company
Issues:
The Applicant, Ms. Dedra Thomas, was injured in a motor vehicle accident on December 6, 2012 and sought accident benefits from Pafco Insurance Company (“Pafco”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. Thomas, through her representative, applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c. I.8, as amended.
The issue in this Expense Hearing is:
- Is Pafco entitled to its expenses of the proceeding?
Result:
- Pafco is entitled to expenses in the amount of $1,586.09.
EVIDENCE AND ANALYSIS:
By Order, dated March 21, 2016, I dismissed Ms. Thomas’ Application for Arbitration, on the basis of the reasons stated therein. Ms. Thomas’ former legal representative was permitted off the record as her representative at that time. I invited both parties to independently submit written submissions to me respecting expenses, within 30 days of that date.
I received a submission from Mr. Owen, on Pafco’s behalf, dated April 18, 2016. No submission was received from Ms. Thomas. Pafco sought expenses in the amount of $1,586.09. I have reviewed the submission, and confirmed that the breakdown based on legal rates for hours worked is consistent with the Dispute Resolution Practice Code and the Expense Regulation.
I agree with Pafco’s submission that it was totally successful in the outcome of the proceeding. In my view of all of the circumstances of this case, the amount claimed is reasonable. Accordingly, I award the full amount claimed in expenses—$1,586.09.
EXPENSES:
Pafco is entitled to expenses in the amount of $1,586.09.
June 6, 2016
Benjamin Drory
Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2016 ONFSCDRS 161
FSCO A15-000866
BETWEEN:
DEDRA THOMAS
Applicant
and
PAFCO INSURANCE COMPANY
Insurer
ARBITRATION ORDER
Under section 282 of the Insurance Act, R.S.O. 1990, c. I.8, as it read immediately before being amended by Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, and Ontario Regulation 664, as amended, it is ordered that:
- Pafco is entitled to expenses in the amount of $1,586.09.
June 6, 2016
Benjamin Drory
Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.