Landre and Western Assurance Company, FSCO A16-001321

This decision concerns a request to add issues to an arbitration proceeding resulting from an Application for Arbitration, filed February 18, 2016. 

Released April 20, 2017 | Full Decison [Document Bank]

The issues sought to be added resulted from a Mediation Report, dated March 14, 2016. The Applicant’s request to add the issues was made by way of correspondence, not the Application for Arbitration (Form C). Arbitrator Winer refers to this as “established practice” in the decision.

After April 1, 2016, the Insurance Act was amended to require all Statutory Accident Benefits Schedule (SABS) arbitrations to proceed through the License Appeal Tribunal instead of the Financial Services of Ontario.

Arbitrator Winer granted the Applicant’s request because the mediation and request to add issues arose prior to the passing of the amendments to the Insurance Act. In this case, the Applicant’s right to add issues crystalized March 15, 2016, subject to exercise of arbitral discretion.

The decision reads:

There is little benefit and much waste of money and time to require a Fresh Application. The Application for Mediation and letters and Mediator’s Report provided sufficient information about the added claims…

…[T]here is danger here that if the issues are not added some of the Applicant’s claims would be defeated because of a limitation period. She was entitled to rely on the established practice [of adding issues by way of correspondence rather than Form C]. She didn’t receive any notice from FSCO that her letter was unacceptable. The insurer did not object to her letter of March 15, 2016 proposing the addition of the issues.

Read the full decision on the OTLA Document Bank
Michael Ettedgui
Written by

Michael practices exclusively in the field of personal injury law at Campisi LLP.

Michael was called to the Bar in 2014. He received his law degree from Osgoode Hall Law School, where he participated in various programs geared towards access to justice and practical legal education. In particular, Michael volunteered with unrepresented litigants at family court and was the student co-ordinator of Osgoode Hall's Pro Bono Students Canada chapter.

When he is not working, Michael enjoys spending time with his wife and three young children.