RBC General Insurance Company ("RBC") brought a motion to set aside or stay two Writs of Seizure and Sale, totaling $17,387.70, obtained by Kuhansea Balasubramaniam (the "Insured").
The Writs arose from an Arbitration Order of the Financial Services Commission of Ontario ("FSCO") for income replacement benefits.
RBC argued that the amounts in the Writs were incorrect and that the License Appeal Tribunal ("LAT") had exclusive jurisdiction over the benefit quantum.
The Insured contended that RBC could not unilaterally reduce benefits and that the Master lacked jurisdiction to set aside the Writs.
The Master found that the Registrar's filing of the Arbitration Order was an administrative act, not an order subject to a Master's review under Rule 37.14(3).
Consequently, the Master lacked jurisdiction to set aside the Writs.
While acknowledging jurisdiction to stay the Writs under the Courts of Justice Act, the Master refused to do so, finding no oppressive, vexatious, or abusive conduct by the Insured in enforcing a statutory right.
