Applicant ordered to produce tort defendant's accounting report to insurer to expedite arbitration.
The insurer sought production of an accounting report prepared by the defendants in a related tort action, which the applicant had received.
The applicant initially opposed production on the basis of litigation privilege but abandoned that position.
The arbitrator ordered the applicant to produce the report, finding that it was relevant to the quantum of income replacement benefits and that its production would likely simplify and expedite the arbitration process by avoiding the need for the insurer to commission a further report.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesApr 6, 2006
