Edmond J. Paquette

The appellants, a driver and a trainer, appealed a 3-day driving suspension imposed for causing interference during a horse race.

The Ontario Racing Commission reviewed the film evidence and heard testimony from the judges and the driver who suffered the interference.

The Commission found that the appellant crossed over in front of the other driver, causing the horse to break stride, and dismissed the appeal.

The applicant sought production of the insurer's post-mediation adjusting file in a dispute over statutory accident benefits.

The insurer claimed litigation and solicitor-client privilege over 18 portions of the file.

The arbitrator reviewed the unedited file and ordered production of the portions relating to ongoing payment of undisputed benefits, while upholding privilege over entries concerning reserves, litigation strategy, and communications with legal counsel.