This appeal concerns a dispute between two insurers regarding the payment of statutory accident benefits (SABS) to an injured claimant.
The central issue is whether an insurer's failure to notify the claimant of a priority dispute between insurers within 90 days of receiving the SABS application precluded the insurer from pursuing the dispute.
The arbitrator determined that while notice to the claimant was mandatory, no specific time limit was prescribed by regulation.
The Superior Court reversed this decision, applying a correctness standard of review.
The Court of Appeal allowed the appeal, holding that the reasonableness standard of review applies to arbitrator decisions on SABS priority disputes, even where questions of law are engaged.
The arbitrator's interpretation that late notice did not bar the priority dispute was reasonable.