(4) CNA is entitled to reimbursement from Chubb for all expenses
associated with administering the mandatory SABS benefits.
 In relation to costs, in light of the conclusions I have
reached I would make no change to the disposition as to costs
made by the Arbitrator in relation to the proceedings before him.
In relation to the costs of the appeal before me, I encourage the
parties to reach agreement. Failing agreement, I direct as follows:
(a) Chubb shall serve its bill of costs on CNA, accompanied by
written submissions, within ten days of the release of these
(b) CNA shall serve its response on Chubb within ten days
thereafter. I expressly invite CNA to submit the bill of costs it
would have presented had it been successful before me.
(c) Chubb may, but is not obliged to, serve a reply within ten
(d) In all cases, the written submissions shall be limited to three
double-spaced pages, plus bills of costs.
(e) I direct counsel for Chubb to collect copies of all parties’
submissions and arrange to have that package delivered to
me in care of Judges’ Administration, at Room 106, 361
University as soon as the final exchange of materials has
been completed. To be clear, no costs submissions should
be filed individually: rather, counsel for Chubb will assemble a single package for delivery as described above.
(f) If no written submissions are received by me within 30 days
from the date these reasons are released, the issue of costs
shall be deemed to be resolved by agreement of the parties.