Insurance Law Blog
Knowledge Centre

Court declines to interfere with arbitrator’s decision regarding reimbursement of accident benefits

October 20, 2023

Court declines to interfere with arbitrator’s decision regarding reimbursement of accident benefits.

Insurance law – Automobile insurance – Uninsured motorist – Benefits – Statutory provisions – Practice – Leave to appeal – Arbitration – Jurisdiction of arbitrator

Wawanesa Mutual Insurance Co. v. Motor Vehicle Accident Claims Fund, [2023] O.J. No. 3768, 2023 ONSC 4779, Ontario Superior Court of Justice, August 21, 2023, S. Doi J.

The insurer appealed an arbitrator’s decision on a reimbursement claim made by the insurer in respect to benefits paid to Mr. Bragdon who suffered catastrophic injuries in a snowmobile accident. The insurer subsequently learned the snowmobile was uninsured. The insurer sought reimbursement from the respondent on the basis that the respondent is responsible for coverage of uninsured vehicles. The arbitrator partially denied reimbursement and ordered the insurer to pay the respondent’s legal expenses, fees, and costs.

The respondent did not fully reimburse the insurer on the basis that some of the benefits were paid before the criminal charge was withdrawn and before the admission the snowmobile was not insured and because the insurer had not paid some benefits in accordance with the Statutory Accident Benefits provisions.

The Court found the arbitrator applied the correct law and in applying the correct law made no palpable and overriding error.

This case was digested by Cameron B. Elder, and first published in the LexisNexis® Harper Grey Insurance Law Netletter and the Harper Grey Insurance Law Newsletter. If you would like to discuss this case further, please contact Cameron B. Elder at [email protected].

To stay current with the new case law and emerging legal issues in this area, subscribe here.

Tags

Expertise

Important Notice: The information contained in this Article is intended for general information purposes only and does not create a lawyer-client relationship. It is not intended as legal advice from Harper Grey LLP or the individual author(s), nor intended as a substitute for legal advice on any specific subject matter. Detailed legal counsel should be sought prior to undertaking any legal matter. The information contained in this Article is current to the last update and may change. Last Update: October 20, 2023.

Related

New benchmark for damages for injury to dignity for sexual harassment
New benchmark for damages for injury to dignity for sexual harassment New benchmark for damages for injury to dignity for sexual harassment
Damages Awarded Under Intimate Images Act
Damages Awarded Under Intimate Images Act Damages Awarded Under Intimate Images Act
Retail Case Update: The Court’s View on Post-Accident Remedial Measures – Are They Determinative of Liability?
Retail Case Update: The Court’s View on Post-Accident Remedial Measures – Are They Determinative of Liability? Retail Case Update: The Court’s View on Post-Accident Remedial Measures – Are They Determinative of Liability? Retail Case Update: The Court’s View on Post-Accident Remedial Measures – Are They Determinative of Liability?
The Dangers of Two Step Offers
The Dangers of Two Step Offers The Dangers of Two Step Offers
Court says federal political parties are subject to BC privacy legislation
Court says federal political parties are subject to BC privacy legislation Court says federal political parties are subject to BC privacy legislation
Court Grants Interim Injunction to Restrain Employees from Competing with their Former Employer
Court Grants Interim Injunction to Restrain Employees from Competing with their Former Employer Court Grants Interim Injunction to Restrain Employees from Competing with their Former Employer
Harper Grey Lawyers complete Mental Health First Aid Certification
Harper Grey Lawyers complete Mental Health First Aid Certification
Defining the Scope of the Cost Recovery Action Under BC’s Environmental Management Act
Defining the Scope of the Cost Recovery Action Under BC’s Environmental Management Act Defining the Scope of the Cost Recovery Action Under BC’s Environmental Management Act Defining the Scope of the Cost Recovery Action Under BC’s Environmental Management Act
Roshni Veerapen elected as Vice Chair of the Health Law Section
Roshni Veerapen elected as Vice Chair of the Health Law Section Roshni Veerapen elected as Vice Chair of the Health Law Section
Court of Appeal finds insurer has duty to defend insured in claim arising from leak of liquid chlorine from its premises despite pollution liability exclusion
Court of Appeal finds insurer has duty to defend insured in claim arising from leak of liquid chlorine from its premises despite pollution liability exclusion Court of Appeal finds insurer has duty to defend insured in claim arising from leak of liquid chlorine from its premises despite pollution liability exclusion Court of Appeal finds insurer has duty to defend insured in claim arising from leak of liquid chlorine from its premises despite pollution liability exclusion
National Indigenous History Month
National Indigenous History Month
Emilie LeDuc appointed to the British Columbia Law Institute Board of Directors
Emilie LeDuc appointed to the British Columbia Law Institute Board of Directors Emilie LeDuc appointed to the British Columbia Law Institute Board of Directors
William Clark and Kara Hill present at the 2024 Self Governing Professions CLE
William Clark and Kara Hill present at the 2024 Self Governing Professions CLE William Clark and Kara Hill present at the 2024 Self Governing Professions CLE William Clark and Kara Hill present at the 2024 Self Governing Professions CLE
A party’s deliberate decision not to attend a hearing does not render that hearing procedurally unfair
A party’s deliberate decision not to attend a hearing does not render that hearing procedurally unfair A party’s deliberate decision not to attend a hearing does not render that hearing procedurally unfair
Harper Grey’s New Website Recognized by Hermes Creative Platinum Website Award
Harper Grey’s New Website Recognized by Hermes Creative Platinum Website Award
arrow icon

Subscribe