Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2016 ONFSCDRS 21
Appeal P15-00016 P15-00015 P15-00017
OFFICE OF THE DIRECTOR OF ARBITRATIONS
GHARRIB AZAD, AREN BEDROS and SEPAN VAYRANOSH Appellants
and
NORDIC INSURANCE COMPANY OF CANADA Respondent
BEFORE: David Evans
REPRESENTATIVES: Tuyen (Joseph) Nguyen for Gharrib Azad, Aren Bedros, and Sepan Vayranosh Andrew McKague for Nordic Insurance Company of Canada
HEARING DATE: On the record, by submissions received by December 2015
APPEAL EXPENSES ORDER
Under section 283 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
- Gharrib Azad, Aren Bedros, and Sepan Vayranosh shall pay the Nordic Insurance Company of Canada its legal expenses of the appeal proceedings herein, fixed at the amount of $2,055.89, inclusive of disbursements and HST.
January 18, 2016
David Evans Director’s Delegate Date
REASONS FOR DECISION
I. NATURE OF THE APPEAL
In an order dated September 15, 2015, I dismissed the appeals of Gharrib Azad, Aren Bedros, and Sepan Vayranosh. I also found that Nordic was entitled to its legal expenses of the appeal.
Nordic Insurance Company now seeks a determination of the quantum of its legal appeal expenses. The appellants failed to respond to Nordic’s cost submissions within the time lines set. I am therefore proceeding on the record, as I did in the main appeal hearing.
II. FINDINGS
Nordic claims a total of $2,055.89 in legal expenses, most of which relate to solicitors’ fees. Appropriately, the fees claimed are all based on the Legal Aid Tariff Rate. Considering that Nordic had to deal with three appeals, I find the fees and disbursements claimed reasonable. Therefore, I find Nordic is entitled to its legal appeal expenses claimed of $2,055.89, inclusive of HST and disbursements.
January 18, 2016
David Evans Director’s Delegate Date