Interim expenses awarded for medical records and reports in ongoing arbitration proceeding.
The applicant sought an interim award of expenses for clinical notes and a medical-legal report under section 282(11.1) of the Insurance Act.
The insurer argued the section did not apply retrospectively to proceedings commenced before January 1, 1994.
The arbitrator held that the section applies immediately to all ongoing proceedings.
Applying a three-part test, the arbitrator found the application raised a bona fide issue, the expenses were necessary and reasonable, and the applicant was unable to carry the costs until the hearing.
The arbitrator awarded $800 in interim expenses.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 6, 1994
