Appeal dismissed; failure to challenge expert qualifications during the hearing precludes raising the issue in final submissions.
The appellant appealed an arbitrator's decision dismissing her claim for a treatment plan following a motor vehicle accident.
She argued the arbitrator should have given no weight to a Designated Assessment Centre (DAC) report because the assessors were not qualified as experts at the hearing.
The Director's Delegate dismissed the appeal, finding that the appellant failed to challenge the introduction of the DAC report or the assessors' qualifications during the hearing.
The Delegate held that it was too late to raise the issue of expert qualifications for the first time in final written submissions.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesJun 8, 2006
