Financial Services Commission of Ontario

Commission des services financiers de l’Ontario

Neutral Citation: 2018 ONFSCDRS 136
Appeal P18-00002 and P18-00004
OFFICE OF THE DIRECTOR OF ARBITRATIONS

TD GENERAL INSURANCE COMPANY
Appellant

and

ALI MADINEI and MARYAM ALIZADEH-EBADI
Respondents

BEFORE:
David Evans

REPRESENTATIVES:
Ali Madinei and Maryam Alizadeh-Ebadi did not appear
Ashley Shmukler for TD General Insurance Company

HEARING DATE:
On the record, by written submissions received by August 15, 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. Mr. Ali Madinei and Mrs. Maryam Alizadeh-Ebadi shall pay TD General Insurance Company its legal expenses of the appeal proceedings herein, fixed in the amount of $2,010, inclusive of disbursements and HST.

August 20, 2018

David Evans
Director’s Delegate
Date

REASONS FOR DECISION

In a decision dated June 26, 2018, I found that TD General Insurance Company was entitled to repayment of monies for accident benefits actually paid to Mr. Ali Madinei and Mrs. Maryam Alizadeh-Ebadi, who had staged the accident for which they received accident benefits.

I also found that TD General could file its claim for appeal expenses without further notice to Mr. Madinei and Mrs. Alizadeh-Ebadi, as they had not participated earlier.

TD General has now served its Bill of Costs, dated July 17, 2018. The total claimed for fees including HST is about $1,850. The total for disbursements including HST is about $160. The combined total is within pennies of $2,010.

The legal fee is properly based on the legal aid rate. I find that the amount of time claimed is reasonable, as are the disbursements.

Accordingly, Mr. Ali Madinei and Mrs. Maryam Alizadeh-Ebadi shall pay to TD General Insurance Company its legal appeal expenses in the amount of $2,010.

August 20, 2018

David Evans
Director’s Delegate
Date