Talaal F. Bond

The applicant brought a motion seeking clarification of an earlier decision on expenses following a finding of catastrophic impairment.

The insurer argued the arbitrator lacked jurisdiction under section 286 of the Insurance Act because the decision was under appeal.

Relying on an endorsement from the Divisional Court, the arbitrator assumed jurisdiction to clarify the decision.

The arbitrator clarified that the $361,520.30 awarded for attendant care and housekeeping benefits was not in addition to amounts already paid by the insurer, and confirmed that the parties had been given ample opportunity to make written submissions regarding the special award.

The applicant claimed statutory accident benefits following a motor vehicle accident.

At the arbitration hearing, the insurer brought a preliminary motion to exclude the applicant's representative, a statutory accident benefits (SABS) representative, alleging an undisclosed conflict of interest.

The arbitrator found that the representative had a business relationship with a diagnostic facility to which he referred the applicant, creating an apprehension that he could receive a financial benefit.

The arbitrator also noted the representative's inappropriate conduct at the hearing and failure to promptly notify the insurer of his retainer.

The representative was excluded from the proceedings and ordered to personally pay $500 in expenses for causing unreasonable delay.