Appeal dismissed; appellant with alleged brain injury not permitted to use a lay facilitator.
The appellant, who claimed to suffer from a traumatic brain injury following a motor vehicle accident, appealed an Arbitrator's preliminary order denying her request to have a friend act as a 'facilitator' during her accident benefits arbitration.
The Director of Arbitrations dismissed the appeal, finding no error of law in the Arbitrator's conclusion that the appellant had the mental capacity to conduct her own case.
The Director reviewed conflicting medical evidence and concluded that the proposed facilitator's role blurred the line between communication assistance and representation, which is restricted under the Insurance Act.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJul 2, 2004
