Arbitrator formally combines spouses' accident benefits applications after finding administrative combination procedurally invalid.
The applicants, husband and wife, were injured in a motor vehicle accident and filed separate applications for arbitration regarding statutory accident benefits.
A Commission case administrator purported to combine the applications without following the notice and consent requirements of the Dispute Resolution Practice Code and the Statutory Powers Procedure Act.
At a pre-hearing discussion, the arbitrator found the administrative combination invalid but, exercising adjudicative discretion and with the consent of both parties, formally ordered the proceedings combined to avoid inconsistent results, save costs, and promote efficiency given the overlapping facts and witnesses.
Steve Balausiak and Gertrud Balausiak v. Allstate Insurance Company of Canada, 2002 ONFSCDRS 47