Late-served evidence admitted due to extraordinary circumstances; arbitration hearing adjourned to allow applicant to respond.
The insurer brought a preliminary motion to introduce new evidence consisting of documents from the applicant's family law proceeding, which were served outside the 30-day time limit under Rule 39.1 of the Dispute Resolution Practice Code.
The arbitrator found that the unexpected receipt of the documents from the applicant's sister constituted extraordinary circumstances under Rule 39.2, and admitted the evidence as it was highly relevant to the applicant's claimed disability.
The applicant's request for an adjournment to review and respond to the new evidence was granted on consent.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 19, 2013