Case Review: Armand- Marius v. Wawanesa

Armand-Marius v. Wawanesa

Facts:

On March 25, 2010, Marie Melanie Armand- Marius claims that she was involved in a car accident. When she applied for her benefits through Wawanesa Mutual Insurance Company, they refused to pay part of her claim. Ms. Armand-Marius had attended mediation with Wawanesa but no agreement could be reached. Ms. Armand-Marius applied to the Financial Services Commission of Ontario for arbitration. Ms. Armand-Marius did not attend the hearing, did not have any legal representation and did not make any further communication with the Commission. She was properly notified of the hearing and she did attend the pre-hearing.

Issues:

There are two issues:

1. Should the application proposed by Ms. Armand- Marius for arbitration be dismissed?
2. Should her insurer, Wawanesa be awarded expenses?

Law:
Under the Expense Regulation, Wawanesa is entitled to be reimbursed for Ms. Armand-Marius’s portion of the costs for creating documents for the hearing that she did not attend.

The Commission under the Insurance Act, R.S.O 1990, c.I.8 section 282, is responsible for arranging arbitrations and determine all of the issues in dispute. They have jurisdiction to decide if the arbitration will proceed.

Decision/Reason for Decision:

In this matter, the Commission decided to dismiss the application for arbitration to award Wawanesa some of its expenses .Wawanesa was looking to receive $6,193.14 from Ms. Armand- Marius for all of the documents that were produced . These documents included a EUO transcript, and engineering report and fees for photocopying (as well as HST). The Commission decided that they would award Wawanesa $1,528.67. Ms. Armand- Marius was responsible for paying ¼ of the fees for everything except the EUO report which she was responsible to pay $676.93 for. The Commission found that ¼ of the costs was Ms. Armand- Marius’s portion, because her case was related to three others and she should not be responsible to pay the entire amount herself.

Hilary Bowser is a Paralegal student at Centennial College in Toronto studying professional communications with Omar Ha-Redeye.

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