Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 244
FSCO A14-009545
BETWEEN:
ROSALINA D’SILVA
Applicant
and
PERSONAL INSURANCE COMPANY OF CANADA
Insurer
DECISION ON EXPENSES
Before:
Arbitrator Janette Mills
Heard:
By Teleconference on July 24, August 16, and August 23. With written submissions August 16, 2017.
Appearances:
Mr. Kevin Wolf, Lawyer, participated for Ms. D’Silva
Mr. Amit Gogna, Lawyer, participated for Personal Insurance Company of Canada.
Issues:
The Applicant, Ms. Rosalina D’Silva, was injured in a motor vehicle accident on October 7, 2012 and sought accident benefits from Personal Insurance Company of Canada (“Personal”), payable under the Schedule.1 The parties were unable to resolve their disputes through mediation, and Ms. D’Silva, 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 arbitration hearing was held on February 13 and 14, 2017, with written submissions on March 31, 2017.
On June 12, 2017, I found against Ms. D’Silva on all issues. Pursuant to Rules 75 to 79 of the Dispute Resolution Practice Code, the parties requested an Expense Hearing. Subsequently, the parties agreed on an appropriate amount to be awarded against the Applicant.
The parties are requesting that the total amount to be awarded against the Applicant is $12,289.81. This amount reflects 65 hours of preparation and attendance of counsel calculated at the Legal Aid Ontario Tariff Rate for a Tier 2 lawyer of $122.78 per hour, for a total of $9,018.19 including HST. It also reflects 7 hours of expert preparation per day for a total of $2,200.00 and disbursements, inclusive of HST, in the amount of $1,071.62.
Result:
Having reviewed the written submissions of counsel for the Insurer, concurred with by counsel for the Applicant, I am in agreement with the parties that the total amount of $12,289.81 is reasonable and should be awarded against the Applicant.
September 19, 2017
Janette Mills Arbitrator
Date
Financial Services Commission des
Commission services financiers
of Ontario de l’Ontario
Neutral Citation: 2017 ONFSCDRS 244
FSCO A14-009545
BETWEEN:
ROSALINA D’SILVA
Applicant
and
THE PERSONAL INSURANCE COMPANY OF CANADA
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:
- The Applicant is liable to pay to the Insurer its expenses in respect of the Arbitration proceeding, fixed in the amount of $12,289.81(inclusive of fees, disbursements and HST).
September 19, 2017
Janette Mills Arbitrator
Date
Footnotes
- The Statutory Accident Benefits Schedule - Effective September 1, 2010, Ontario Regulation 34/10, as amended.