https://www5.fsco.gov.on.ca/AD/5020
I agree with State Farm’s submission that being wrong is different than being unreasonable, and I find that the factual basis of this case is distinguishable from the cases cited to me where a special award was made. My conclusion to deny a special award is consistent with the circumstances dealt with by Arbitrator Makepeace in the J.W. and Canadian General Insurance Group case and the D.M. case, cited above. Therefore, I dismiss the claim by the Applicant for a special award.