Fasken was retained as appellate counsel in an application for leave to appeal an award of costs made by an arbitrator in favour of E.B. arising from a mandatory arbitration between the parties pursuant to the Underinsured Motorist Protection regime in the B.C. Insurance (Vehicle) Act.
Insurance Corporation of British Columbia (ICBC) argued an arbitrator had no jurisdiction to make an award that ICBC pay the arbitrator’s fees and expenses as an aspect of the costs award at the conclusion of the proceedings.
The court dismissed ICBC’s application for leave to appeal and rejected its allegations of arbitral error, upholding the award made in E.B.’s favour.
Gavin Cameron represented E.B.
Jurisdiction
- British Columbia
