Appeal of preliminary decision rejected; matter remitted because arbitrator improperly applied summary judgment test.
The appellant insurer sought to appeal an arbitrator's preliminary decision which found there was a 'genuine issue for hearing' regarding whether the respondent's injuries from police rubber bullets constituted an 'accident' under the Schedule.
The Director's Delegate held that the arbitrator erred by applying a summary judgment test rather than deciding the preliminary issue.
However, the Delegate rejected the appeal under the Dispute Resolution Practice Code to avoid piecemeal litigation, instead remitting the matter to the Arbitration Unit for an expedited rehearing of the preliminary issue.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesAug 20, 2014