Following an arbitration where the applicant's claims for statutory accident benefits were dismissed, the insurer sought its expenses.
The arbitrator found that the insurer was completely successful and that the applicant's conduct, including failing to comply with disclosure requirements and giving inconsistent histories to medical providers, unnecessarily prolonged the hearing.
The arbitrator awarded the insurer its expenses but reduced the requested hourly rate for counsel from $150.00 to $117.85, as the higher rate is only available to insured persons under the Dispute Resolution Practice Code.
The insurer was awarded $8,555.86 in fees, inclusive of HST, with no award for disbursements.
