Appeal dismissed; arbitrator did not err in admitting expert testimony that amplified written reports without objection.
The insurer appealed an arbitration decision awarding the respondent additional weekly income benefits and a special award.
The insurer argued the arbitrator erred in law by admitting oral testimony from the respondent's medical expert that went beyond his written reports, causing unfair surprise.
The Director's Delegate dismissed the appeal, finding that the expert's testimony regarding the respondent's medication and physical limitations was a reasonable amplification of his reports and the medical record.
Furthermore, the insurer's counsel did not object to the testimony at the hearing, chose to cross-examine the expert, and did not request an adjournment to call responding evidence, thereby waiving the right to claim procedural unfairness.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesNov 26, 1998
