Insurer not required to provide affidavit of documents for privilege claims in FSCO arbitration.
The applicant sought production of documents from the insurer regarding a claim for a special award following the payment of death benefits.
The insurer agreed to produce documents subject to redaction for privilege.
The applicant requested an affidavit of documents attesting to the claims for privilege.
The arbitrator dismissed the request, finding that the simplified FSCO arbitration procedure does not require an affidavit of documents.
Instead, the insurer was ordered to provide a written description of any withheld documents and the basis for the claim of privilege.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 17, 2013
