Appeal dismissed; paralegal representative ordered to personally pay costs for commencing unauthorized arbitration proceeding.
The appellant, a paralegal representative, appealed an arbitrator's order requiring him to personally pay the insurer's legal expenses of $2,910.41.
The arbitrator found that the appellant had commenced an arbitration proceeding for statutory accident benefits without the insured's authority, constituting an abuse of process.
On appeal, the appellant argued the arbitrator lacked jurisdiction to award costs against him once he was removed from the record.
The Director's Delegate dismissed the appeal, holding that section 282(11.2) of the Insurance Act applies to anyone who represented or purported to represent a party at some point in the proceeding, and that the arbitrator also had residual power under section 23(1) of the Statutory Powers Procedure Act to prevent abuse of process.
Alexander Nterekas v. Ruganraj Sebamalai and Royal & SunAlliance Insurance Company of Canada, 2008 ONFSCDRS 88