The appellant Minister appealed an arbitrator's decision holding the Motor Vehicle Accident Claims Fund liable to pay statutory accident benefits to a passenger injured in a snowmobile accident.
The passenger was riding on an uninsured snowmobile that crashed into a tree, followed 0.6 seconds later by an insured snowmobile crashing into the same tree.
The arbitrator found the insured snowmobile was not 'involved in the incident' because it did not cause or contribute to the injuries.
The Superior Court allowed the appeal, holding that the arbitrator erred in law by engrafting a causation requirement onto the plain meaning of 'involved in the incident' under s. 268(2)(1)(iii) of the Insurance Act.
