Applicant permitted to withdraw arbitration; insurer awarded $500 in expenses due to mutual delay.
The applicant sought to withdraw her application for arbitration of accident benefits after learning that the primary invoice in dispute had already been paid by the insurer.
The insurer sought its expenses for the arbitration proceeding.
The arbitrator permitted the withdrawal and awarded the insurer $500 in expenses, noting that both parties had prolonged the proceeding by preparing for a hearing without realizing the invoice had been paid, but finding the applicant's counsel somewhat more responsible for failing to credit the payment upon receiving notice.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 1, 2016