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Awada v. Allstate Insurance Company (2021 ONSC 8108)

  • December 7, 2021

The insurer appealed a production order made by the Tribunal in advance of ongoing proceedings. The Court dismissed the appeal as premature, holding there were no exceptional circumstances justifying appellate intervention by the Court. The insurer’s arguments were premised on the possibility of unfairness rather than any inevitable substantive unfairness, which could justify review of the orders. The Court wrote that the hearing adjudicator’s task included ensuring fairness to both sides as the case moved forward, and that an appeal would be available to the unsuccessful party at the end of the hearing if the party was not treated fairly.

Full decision here

TGP Analysis

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