Late expert reports admitted and wilful misrepresentation defence allowed to proceed despite initial notice deficiencies.
The applicant claimed statutory accident benefits following a motor vehicle accident.
The insurer denied benefits and raised the preliminary issue of wilful misrepresentation.
The applicant objected to the late service of the insurer's expert reports and argued the insurer failed to provide proper notice of the reasons for denying benefits.
The arbitrator allowed the late expert reports, finding no procedural unfairness or prejudice to the applicant.
The arbitrator also held that the insurer provided sufficient notice of its wilful misrepresentation defence in its Response to the Application for Arbitration, allowing the preliminary issue hearing to proceed.
OFSCDRSOntario Financial Services Commission - Dispute Resolution ServicesDec 17, 2003
