Stay of arbitrator's legal expense order granted pending appeal due to hardship and natural justice concerns.
The appellant sought a stay of an arbitrator's order requiring her to pay the respondent's legal expenses, pending her appeal of the decision denying her attendant care benefits.
The Director's Delegate applied the Armstrong criteria and found that the appeal was bona fide, had apparent substance regarding the interpretation of subsection 3(8) of the SABS, and that the appellant would suffer undisputed hardship if the stay was refused.
The Delegate also noted the arbitrator failed to receive submissions on expenses, raising natural justice concerns.
The stay of the expense order and the arbitration expense hearing was granted.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 18, 2015