Background:

• Applicant: Royal and SunAlliance Insurance (RSA)
• Respondent: Ontario Provincial Police (OPP)
• RSA, involved in a priority dispute with Certas Home & Auto Insurance, sought OPP’s investigation records on a 2021 car accident to resolve questions about vehicle ownership central to the dispute.
• The arbitrator ordered disclosure, but the OPP argued arbitrators lack authority over third parties, requiring a court order.

Legal Issues:

1. Arbitrators’ Limits: Arbitrators cannot compel third-party actions; courts must intervene under Section 29(4) of the Arbitration Act, 1991.
2. Court’s Authority: Section 29(4) permits courts to assist arbitrations by ordering third-party evidence disclosure.

Decision:
Justice Kaufman granted the application, directing the OPP to release the records. No monetary award was specified.

Key Points:

• Evidence of vehicle ownership was critical to the arbitration.
• The relief sought was not burdensome, and the OPP did not oppose a properly issued court order.
• Aligning with legislative goals, the court’s intervention ensures effective arbitration under O. Reg. 283/95, which governs insurer disputes over statutory accident benefits.