The applicant was struck by a motor vehicle and applied for no-fault benefits from the insurer.
After a dispute arose, the applicant commenced a court action against the insurer and the at-fault driver.
The applicant subsequently applied for arbitration at the Ontario Insurance Commission regarding unpaid medical invoices.
The insurer brought a preliminary motion to prevent the arbitration from proceeding, arguing the applicant had elected to proceed in court.
The arbitrator held that the applicant is not entitled to proceed in both forums for issues that significantly overlap, and granted the insurer's motion to dismiss the arbitration to avoid duplicative proceedings.