The applicant sought the appointment of a new arbitrator under s. 282(12) of the Insurance Act, alleging that the pre-hearing arbitrator demonstrated bias by expressing hostility and warning of potential cost consequences if a four-day hearing was pursued for a small claim.
The Director of Arbitrations dismissed the application, finding that the arbitrator's conduct, even if he lost his temper, did not create a reasonable apprehension of bias.
The arbitrator ultimately allowed the four days requested for the hearing, demonstrating that he did not have a closed mind.
