Appeal dismissed; arbitration properly dismissed due to concurrent lawsuit for other accident benefits.
The appellant appealed an Arbitrator's decision dismissing his arbitration proceeding for attendant care benefits due to a multiplicity of proceedings.
The appellant had concurrently filed a lawsuit for other accident benefits and an arbitration for attendant care benefits.
The Director's Delegate upheld the Arbitrator's decision, finding no reasonable apprehension of bias from the Arbitrator having conducted the pre-hearing, and agreeing that the appellant did not have an absolute right to split his claims between forums without a reasonable explanation.
The appeal was dismissed.
Tharmabaskaran v. Security National Insurance Co./Monnex Insurance Mgmt. Inc., 2011 ONFSCDRS 59