Dominion of Canada General Insurance Company v. Mark McKelvie, 1998 ONFSCDRS 35

Financial Services Commission of Ontario

Commission des services financiers de l'Ontario

Neutral Citation: 1998 ONFSCDRS 35

Appeal No. P98-00016

OFFICE OF THE DIRECTOR OF ARBITRATIONS

DOMINION OF CANADA GENERAL INSURANCE COMPANY Appellant

and

MARK McKELVIE Respondent

Before: Susan Naylor, Director's Delegate

Counsel: D'Arcy McGoey (for Dominion of Canada) John H. Hornak (for Mark McKelvie)

APPEAL ORDER

Having reviewed the written submissions of the parties, and on their consent, it is ordered under section 283 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, that:

1. Paragraph 2 of the arbitrator's order dated March 16, 1998, requiring Dominion of Canada General Insurance Company to pay a special award under subsection 282(10) of the Insurance Act, of 35% of the amount found owing as of the date of the order, together with interest, is rescinded.

2. The balance of the appeal is dismissed.

September 8, 1998

Susan Naylor Director's Delegate

Date