Royal and SunAlliance (RSA) brought a motion seeking a court order to compel the Ontario Provincial Police (OPP) to disclose investigation records related to a motor vehicle accident.
These records were crucial for a private arbitration between RSA and Certas Home & Auto Insurance regarding a priority dispute over statutory accident benefits.
The arbitrator could not compel the third-party OPP.
The court, applying Section 29(4) of the Arbitration Act, 1991, determined it had the authority to order pre-hearing third-party disclosure to assist the arbitration.
Finding the evidence highly relevant, the relief non-burdensome, and consistent with efficient dispute resolution, the court granted RSA's application.
