Insurer precluded from adding repayment and quantum issues to arbitration initiated by insured for entitlement.
The applicant was injured in a motor vehicle accident and received statutory accident benefits until they were terminated by the insurer.
The applicant applied for arbitration to determine her ongoing entitlement to weekly benefits and whether they should be calculated under section 12 or 13 of the Schedule.
The insurer brought a motion to include the issues of repayment of overpaid benefits and the deductibility of CPP and Old Age Pension benefits.
The arbitrator dismissed the insurer's motion, finding that the insurer's proposed issues did not naturally or consequentially flow from the matters referred to arbitration by the applicant.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 25, 1994
