The arbitration sought to determine which insurer is liable for payment related to an accident
The Ontario Superior Court ordered the Ontario Provincial Police (OPP) to disclose investigation records for arbitration between insurers, ruling that the Arbitration Act permits judicial orders for third-party evidence disclosure in arbitration proceedings.
Royal and SunAlliance (RSA), an insurance provider, sought the accident records as part of an ongoing arbitration with Certas Home & Auto Insurance to resolve a priority dispute over statutory benefits.
The dispute revolved around an accident involving Jamie-Lynne Whiteman, who is receiving benefits from RSA. The arbitration aimed to clarify which insurer is responsible for the payment. A central issue is determining the vehicle ownership involved in the accident. The accident report listed the owner as Logan Duffy, a former Certas policyholder, but Whiteman claimed the vehicle belonged to her roommate, Bill Hanna.
The arbitrator overseeing the case had previously ordered the OPP to release its investigation file, which could help determine the vehicle’s ownership. However, the OPP refused, citing a lack of authority for arbitrators to compel third parties. It indicated a willingness to release the records if a court order was obtained, provided the order included standard terms.
The Superior Court analyzed whether s. 29(4) of the Arbitration Act empowered it to issue such an order. The court concluded that s. 29(4) authorizes judicial intervention to assist with pre-hearing disclosure, allowing a court to issue orders for taking evidence in arbitration cases.
Referencing prior cases, including a similar ruling by the Alberta Court of Appeal, the judge emphasized that while arbitrators cannot bind third parties, the act allows courts to intervene to support arbitration proceedings. The court noted that the evidence sought was crucial, not overly burdensome to the OPP, and necessary for resolving the priority dispute efficiently.
The judge highlighted that the OPP did not oppose the order, provided the court issued it. The court found this approach aligned with legislative goals to resolve insurer disputes effectively through arbitration. In its decision, the court granted RSA’s application and directed the OPP to disclose the requested records to facilitate the arbitration.
