Financial Services Commission
Commission des services financiers de l’Ontario
Neutral Citation: 2001 ONFSCDRS 189
Appeal P01-00048
OFFICE OF THE DIRECTOR OF ARBITRATIONS
MARSHA CAMPBELL
Applicant
and
KINGSWAY GENERAL INSURANCE COMPANY
Respondent
Before:
David R. Draper, Director of Arbitrations
Representatives:
Rod Hare and Mark Rowe (for Ms. Campbell)
Jamie R. Pollack (for Kingsway)
ORDER - BIAS APPLICATION
Under section 282(12) of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
The application for appointment of a new arbitrator due to bias is dismissed.
December 18, 2001
David R. Draper
Director of Arbitrations
Date
REASONS FOR DECISION
I. NATURE OF THE APPLICATION
This is an application by Marsha Campbell under s.282(12) of the Insurance Act for the appointment of a new arbitrator. Her representatives, Mr. Rod Hare and Mr. Mark Rowe, submit that the arbitrator demonstrated bias against them in another case sufficient that he should not be involved in any cases in which they act as representatives, including this one.
II. ANALYSIS
The background is detailed in my decision in Castaneda and CGU Insurance Company of Canada, (FSCO P01-00053, December 18, 2001), released the same day as this decision. For reasons set out there, I conclude that there is no basis for preventing the Arbitrator from continuing to act in this case. No evidence has been presented to suggest that he has done anything in this case that demonstrates a bias against Mr. Hare, Mr. Rowe, Ms. Campbell, or anyone else.
Therefore, the application is dismissed and my previous direction that the Arbitrator not issue any formal decisions is revoked. As there is no expense power that attaches to applications under s.282(12) of the Insurance Act, I make no order with respect to expenses.
December 18, 2001
David R. Draper
Director of Arbitrations
Date