The applicant appealed an arbitrator's decision in a loss transfer dispute finding its insured 100% at fault for a motor vehicle accident under Rule 14(2) of the Fault Determination Rules.
The arbitrator had relied on the Highway Traffic Act to interpret the phrase 'fails to obey a stop sign'.
The Superior Court determined the standard of review was reasonableness and found the arbitrator's interpretation and application of the rules, which excluded tort considerations like the other driver's speed, were reasonable.
The appeal was dismissed.