Financial Services Commission of Ontario
Commission des services financiers de l’Ontario
Neutral Citation: 2014 ONFSCDRS 153
Appeal P14-00005
OFFICE OF THE DIRECTOR OF ARBITRATIONS
TORONTO TRANSIT COMMISSION INSURANCE COMPANY LIMITED
Appellant
and
THE ESTATE OF REUBEN MARCUS, DECEASED, BY ITS EXECUTOR, AMY MARCUS
Respondent
BEFORE:
Delegate Lawrence Blackman
REPRESENTATIVES:
Mr. Andrew Davidson for the Appellant, Toronto Transit Commision Insurance Company Limited
Mr. Josh Nisker for the Respondent, the Estate of Reuben Marcus, deceased, by its executor, Amy Marcus
HEARING DATE:
June 10 and September 10, 2014
APPEAL ORDER
Under section 283 of the Insurance Act, R.S.O. 1990, c.I.8, as amended, it is ordered that:
This appeal is dismissed and the Arbitrator’s January 13, 2014 decision is confirmed.
If the parties cannot agree on the legal expenses of this appeal, amending Rule 79 of the Dispute Resolution Practice Code (Fourth Edition, Updated – January 2014), an expense hearing shall be requested within sixty days of the date of this decision, as set out below.
September 19, 2014
Lawrence Blackman Director’s Delegate
Date
REASONS FOR DECISION
I. NATURE OF THE APPEAL AND BACKGROUND
Based on the written submissions filed, the January 13, 2014 decision of Arbitrator Kelly (the “Arbitrator”) determined a preliminary issue as to the correct quantum of the attendant care benefits in dispute in this case. The question of entitlement to attendant care benefits was not before the Arbitrator. The Appellant, the Toronto Transit Commission Insurance Company Limited, although it concedes that it put its quantum question forward incorrectly in arbitration, submits that the Arbitrator erred in his decision.
The background of this appeal is that on November 2