The applicant insurer sought judicial review of an arbitrator's refusal to declare a mistrial and recuse himself from a statutory accident benefits arbitration.
The applicant argued that the arbitrator's exposure to settlement offers and off-the-record discussions during an emotional outburst by the self-represented respondent created a reasonable apprehension of bias.
The Divisional Court dismissed the application, finding that the arbitrator's knowledge of settlement information did not automatically mandate a mistrial and that his handling of the situation did not raise a reasonable apprehension of bias.
