Dispute Resolution Services
Services de règlement des différends
Neutral Citation: 2019 ONFSCDRS 30
Appeal P17-00062
OFFICE OF THE DIRECTOR OF ARBITRATIONS
MURALITHARAN KANAGASABAI
Appellant
and
UNIFUND ASSURANCE COMPANY
Respondent
BEFORE:
Edward Lee
REPRESENTATIVES:
Darren Kirupa for Mr. Kanagasabai
Jonathan Schrieder for Unifund Assurance Company
HEARING DATE:
Determined on the record
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:
- Mr. Kanagasabai shall pay Unifund Assurance Company its legal appeal expenses of $2,500.00, inclusive of HST and disbursements.
June 20, 2019
Edward Lee
Director’s Delegate
Date
REASONS FOR DECISION
In a decision dated December 4, 2018, I dismissed Mr. Kanagasabai’s appeal of Arbitrator Parish’s arbitration order of August 14, 2017.
Unifund (“the Respondent”) seeks its legal appeal expenses. I set out timelines for the parties to submit arguments and supporting documents in regard to this issue, and received a Bill of Costs from the Respondent.
I find the only relevant criterion for the awarding of expenses in this matter is each party’s degree of success in outcome of the proceeding. None of the other criteria listed in Rule 75.2 of the Dispute Resolution Practice Code are relevant. The Respondent was completely successful in resisting the appeal and is entitled to its expenses.
Both parties filed full written submissions and supporting case law for the appeal hearing. The arguments were not trivial, but ultimately, I decided the matter based on a jurisdictional question. The appeal itself was neither long nor complex.
The Respondent’s Bill of Costs asks for no disbursements, and the hours claimed are reasonable, although I note that because this Appellant’s appeal was conducted jointly with their spouse’s, the submissions filed and arguments made in the two appeals were identical.
Accordingly, I am allowing $2,500.00 in total to the Respondent in this matter.
Mr. Kanagasabai shall pay Unifund Assurance Company its legal appeal expenses of $2,500.00, inclusive of HST and disbursements.
June 20, 2019
Edward Lee
Director’s Delegate
Date