Arbitrator declined to recuse himself after inadvertently seeing a settlement offer post-decision writing.
The arbitrator inadvertently read a settlement offer submitted by the insurer prior to the hearing, after he had finished writing his decision but before it was formatted and released.
The applicant requested that the arbitrator recuse himself on the grounds of a reasonable apprehension of bias.
The arbitrator dismissed the motion, finding that an informed person, viewing the matter realistically and practically, would not conclude that his impartiality was compromised, as the decision had already been written and was not changed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMay 25, 2011