Two insurers, Wawanesa and Lombard, appealed preliminary arbitration decisions regarding a priority dispute over accident benefits.
Wawanesa, the first insurer to receive the application, deflected it to Lombard.
Lombard paid benefits but later disputed priority without providing the required 90-day notice.
The arbitrator ruled that Wawanesa's breach of the regulation prevented it from relying on Lombard's failure to give notice, but also ruled that Wawanesa was not permanently precluded from disputing priority.
The applications judge upheld both decisions.
The Court of Appeal dismissed both appeals, finding no error in the reasoning below.
