Partial stay of arbitration benefit awards granted pending appeal based on substantive grounds and hardship.
The insurer appealed an arbitration decision awarding the insured various statutory accident benefits, including attendant care, a hot tub, massage therapy, psychological counselling, occupational therapy, and a special award.
The insurer brought a preliminary motion to stay the Arbitrator's orders pending the appeal.
Applying the three-part test for a stay, the Director's Delegate granted a stay regarding the hot tub expense, the increased cost portion of the occupational therapy equipment, and the special award, finding substantive grounds for appeal on those issues.
The request to stay the remaining benefit awards and the accrual of interest was dismissed, as the insurer failed to demonstrate that the hardship of payment outweighed the hardship of non-payment to the insured.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesMar 24, 2015
