The applicant insurer sought judicial review of a decision by the Director's Delegate of the Financial Services Commission of Ontario regarding the respondent insured's entitlement to income replacement benefits following a motor vehicle accident.
The Director's Delegate had upheld the arbitrator's award of income replacement benefits but remitted other issues for re-hearing due to inadequate reasons.
The insurer argued the Director's Delegate breached procedural fairness and provided inadequate reasons by not remitting all issues.
The Divisional Court dismissed the application, finding no breach of procedural fairness and concluding that the Director's Delegate's reasons were adequate and reasonable.
