Can a claim be reapplied to an arbitrator on the basis that it is not factually distinct from the previous claim?
Ontario, Canada
The following excerpt is from McLinden v. Payne, 2010 ONSC 6868 (CanLII):
This was the reasoning of the arbitrator in Wry v. Aviva. He found reapplication possible by statutory interpretation. Nevertheless, that arbitrator denied the claim on the basis that it was not factually distinct from the earlier claim and did therefore fall within the s. 40(4) restriction. The report makes it clear that there was evidence before the arbitrator upon which such a fact finding could be made. [page559]
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