https://www5.fsco.gov.on.ca/AD/5136
The applicant, D.F. did not succeed in her previous arbitration proceedings with Wawanesa arising from a motor vehicle accident on October 13, 2002.[1] Her current Application for Arbitration raises a catastrophic determination issue and a claim for medical benefits pursuant to the Schedule.[2] Wawanesa advanced affirmative defences as preliminary issues, which are the subject of this hearing.
The preliminary issues are:
- Whether Ms. F. failed to attend and submit to an insurer examination as set out in section 44(9)iii of the Schedule, and if so, is she precluded from proceeding with her arbitration?
- Whether Ms. F. is estopped from proceeding to arbitration due to a previous arbitral decision?
- Whether Ms. F. is estopped from arbitrating medical benefits claimed in this Application for Arbitration because they are identical to medical benefits already arbitrated?
- Whether Ms. F. or Wawanesa are entitled to expenses incurred in respect of this preliminary issue hearing?