Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 137
FSCO A15-001766
BETWEEN:
EZE NWOSU
Applicant
and
TTC INSURANCE COMPANY LIMITED
Insurer
REASONS FOR DECISION
Before: Arbitrator Marshall Schnapp
Heard: In person at ADR Chambers on May 9, 2017
Appearances: Mr. Eze Nwosu did not participate Ms. Tamara Broder participated for TTC Insurance Company Limited
Issues:
The Applicant, Mr. Eze Nwosu, was injured in a motor vehicle accident on May 10, 2013 and sought accident benefits from TTC Insurance Company Limited (“TTC”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Mr. Eze Nwosu, through his representative at that time, applied for arbitration at the Financial Services Commission of Ontario under the Insurance Act, R.S.O. 1990, c. I.8, as amended.
The issues in this Hearing are:
Should Mr. Eze Nwosu’s Application for Arbitration be dismissed?
Should expenses be awarded to TTC?
Result:
Mr. Eze Nwosu’s Application for Arbitration is dismissed.
Expenses in the amount of $3,741.42 are awarded to TTC.
EVIDENCE AND ANALYSIS:
Chronology
A Pre-Hearing discussion in this case was held on March 2, 2015, at which time the Applicant had legal representation by Counsel. On January 19, 2017, an Order was made, removing the firm of Bergel, Magence as the Applicant’s legal representatives for this Application for Arbitration.
The Dismissal
For the reasons that follow, the Applicant’s Application for Arbitration is dismissed.
As of May 9, 2017 at 10:30 a.m., the Applicant did not attend ADR Chambers to participate in the Arbitration Hearing. I am satisfied that the Applicant was given notice of the proceedings related to his Application for Arbitration at his last known address. Pursuant to Rule 37.7 of the Dispute Resolution Practice Code (“DRPC”), the Arbitration Hearing proceeded in his absence.
The Applicant bears the onus of proving entitlement to the claimed benefits. Since he did not appear at the Hearing and no evidence was presented to support his claims, this Application for Arbitration is dismissed.
EXPENSES:
Counsel for TTC provided a Bill of Costs documenting $3,191.05 in fees, inclusive of HST, at the appropriate hourly rate permitted by Rule 78 of the DRPC. As well, the Bill of Costs itemized disbursements of $565.37 plus TTC was seeking $463.30 for the Court Reporter.
Given the fact that the Application for Arbitration is dismissed, and hence that the Insurer has been successful in this proceeding, it is appropriate to award expenses to TTC. Rule 78 of the DRPC prescribes the amount that may be awarded for expenses.
Having reviewed the Bill of Costs, I find the amounts being claimed for legal fees are reasonable. However, I note that Counsel’s travel time and the Court Reporter fee are not recoverable disbursements.
Accordingly, I award expenses to TTC in the amount of $3,741.42.
May 17, 2017
Marshall Schnapp Arbitrator
Date
Financial Services Commission des Commission services financiers of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 137
FSCO A15-001766
BETWEEN:
EZE NWOSU
Applicant
and
TTC INSURANCE COMPANY LIMITED
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:
Mr. Eze Nwosu’s Application for Arbitration is dismissed.
Expenses in the amount of $3,741.42 are awarded to TTC.
May 17, 2017
Marshall Schnapp Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.