Arbitrator Wilson's recent decision in Dabrowska and
Aviva Canada [FSCO A13-007793] is a warning to Insurers
attending Financial Services Commission of Ontario (FSCO)
pre-hearings – always have authority!
In this case, the parties attended a pre-hearing and had arrived
at a tentative settlement. Unfortunately, no one at Aviva was
available to approve the settlement even though the parties waited
"a significant time for anyone in authority to respond."
As a result, the pre-hearing was adjourned.
While Arbitrator Wilson recognized a settlement was voluntary,
he noted that the parties should attend a pre-hearing in a position
to have a meaningful and fulsome discussion about the file.
Further, the parties should be able to respond during the
pre-hearing discussion to developments or information. Arbitrator
Wilson concluded that in pre-hearings, time is of the essence and
it is important that the parties to litigation be in a position to
make decisions in real time.
