Appeal dismissed; arbitrator's denial of expenses and $1,000 assessment against insured for abuse of process upheld.
The appellant appealed an arbitration decision that denied his claim for ongoing weekly income benefits, denied his arbitration expenses, and ordered him to pay a $1,000 assessment to the insurer for abuse of process.
The Director's Delegate dismissed the appeal, finding that the arbitrator properly exercised his discretion to deny expenses due to the appellant's failure to comply with production orders and disruptive behaviour at the hearing.
The Delegate also upheld the $1,000 assessment, agreeing that there was no evidence the 1991 accident significantly affected the appellant's ability to work, which was already compromised by a 1989 accident and pre-existing arthritis.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesSep 26, 1997
