Medical reports obtained after failed mediation are payable as arbitration expenses under the Insurance Act.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
After mediation failed, the applicant applied for arbitration and obtained medical reports from an orthopaedic surgeon and a chiropractor.
The parties settled the substantive issues but disputed whether the cost of the medical reports were payable as arbitration expenses.
The arbitrator found that the reports were commissioned in contemplation of the arbitration proceeding to meet the applicant's evidentiary burden, rather than as examination expenses under section 24 of the Schedule.
The insurer was ordered to pay $1,200 for each report as arbitration expenses under subsection 282(11) of the Insurance Act.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 27, 2008
