Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2018 ONFSCDRS 135

Appeal P17-00036

OFFICE OF THE DIRECTOR OF ARBITRATIONS

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Appellant

and

SAMA BARADARAN Respondent

BEFORE: David Evans

REPRESENTATIVES: Timothy Crljenica for State Farm Mutual Automobile Insurance Company No one appearing for Sama Baradaran

HEARING DATE: By written submissions received by June 25, 2018

APPEAL EXPENSES ORDER

Under section 283 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 Regulation 664, R.R.O. 1990, as amended, it is ordered that:

1. Ms. Sama Baradaran shall pay State Farm Mutual Automobile Insurance Company its legal expenses of the appeal proceedings herein, fixed in the amount of $1,927.08

August 20, 2018

David Evans Director’s Delegate

Date

REASONS FOR DECISION

In a decision dated June 15, 2018, I allowed the Insurer’s appeal and found that State Farm Mutual Automobile Insurance Company could seek repayment of attendant care benefits paid.

It now seeks its legal appeal expenses. It has served and filed its Bill of Costs. I found that it was appropriate to proceed with the expense hearing on the record.

I provided time lines for Manoucher Baradaran, Form P representative for Sama Baradaran, to file a written response to the account. He was to file it by July 24, 2018, but has not done so.

Accordingly, I will now proceed to a determination of the expenses based on the submissions before me.

State Farm was successful on appeal, and accordingly is entitled to its legal appeal expenses.

State Farm seeks costs of $1,855.21 and disbursements of $71.87, for a total of $1,927.08. Its fee schedule and copy of the disbursement account confirm these figures.

The fees are appropriately based on the Legal Aid Rate. I find that the total amount claimed is reasonable.

Accordingly, Sama Baradaran shall pay to State Farm Mutual Automobile Insurance Company its legal appeal expenses in the amount of $1,927.08.

August 20, 2018

David Evans Director’s Delegate

Date