Dispute Resolution Services

Services de règlement des différends

Neutral Citation: 2019 ONFSCDRS 33

Appeal P17-00063

OFFICE OF THE DIRECTOR OF ARBITRATIONS

KALAIAYARASI NANTHAKUMAR Appellant

and

UNIFUND ASSURANCE COMPANY Respondent

BEFORE: Edward Lee

REPRESENTATIVES: Darren Kirupa for Ms. Nanthakumar 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:

1. Ms. Nanthakumar 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 Ms. Nanthakumar’s (“the Appellant”) 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.

Ms. Nanthakumar 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