Aviva Canada Inc. sought judicial review of a FSCO Director's Delegate's order that partially rescinded an arbitration award and remitted the respondent's entitlement to non-earner benefits to a de novo hearing before a different arbitrator.
The Divisional Court dismissed Aviva's preliminary motion to admit fresh evidence, finding no exceptional circumstances.
On the merits, the Court held that the Director's Delegate reasonably concluded the Arbitrator erred in law by failing to explicitly address whether the requested insurer examination was reasonable and necessary, and by failing to address the claim for non-earner benefits prior to the scheduled examination.
The Court also found no error in remitting the matter to a new arbitrator.
The application for judicial review was dismissed.
