The applicant sought an expense hearing following the settlement of her statutory accident benefits claim.
The parties agreed on the hours spent by the applicant's counsel and law clerk, leaving only the hourly rates in dispute.
The arbitrator awarded an enhanced hourly rate of $110 for the applicant's counsel, considering her experience and access to justice principles, rather than the maximum $150 requested.
The law clerk's rate was set at the Legal Aid rate of $23 per hour, as there was no evidence the clerk performed duties beyond standard assistance.
The insurer was ordered to pay $5,940 for counsel fees and $1,288 for law clerk fees, plus GST.
