41 total
Arbitrator lacked jurisdiction to hear severed quantum issue as original hearing arbitrator remained seised.
The applicant was injured in a motor vehicle accident and applied for statutory accident benefits.
During an arbitration hearing on entitlement to income replacement benefits, the hearing arbitrator adjourned the matter and purportedly severed the issue of quantum to be heard by a different arbitrator.
At the subsequent hearing on quantum, the new arbitrator raised the issue of jurisdiction.
The arbitrator held that the issue of quantum was a necessary sub-issue of entitlement and could not be severed without statutory authority.
As the original hearing arbitrator remained seised of the issue, the separate hearing on quantum was declared a nullity.