Appeal dismissed; arbitrator had discretion to weigh flawed DAC report without ordering a new assessment.
The appellant appealed an arbitrator's decision finding that he did not suffer a catastrophic impairment as a result of a motor vehicle accident.
The appellant argued that the arbitrator erred in law by failing to order a new Catastrophic Impairment Designated Assessment Centre (CAT DAC) assessment after recognizing serious procedural flaws in the original DAC process, including the omission of his treating neurosurgeon's report and the failure to conduct a clinical assessment.
The Director's Delegate dismissed the appeal, holding that while there were substantial departures from the DAC Guidelines, the arbitrator had the authority and discretion to weigh the DAC report alongside all other evidence and was not required to order a new assessment.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJan 30, 2006
