This appeal concerns the interpretation of "involved in the incident" under section 268(2) of the Insurance Act, which dictates liability for statutory accident benefits.
The Court of Appeal affirmed the Superior Court's decision that an arbitrator erred in law by introducing a causation requirement into the test for "involvement" in a priority dispute between an insured snowmobile's insurer (Gore Mutual) and the Motor Vehicle Accident Claims Fund.
The Court held that temporal, spatial, and participatory factors were sufficient to establish involvement, without requiring a direct causal link to the injuries.
