The appellant insurer appealed a tribunal reconsideration decision that found its counsel was in a conflict of interest for acting in both a priority dispute and a benefits dispute against the same insured.
The tribunal also excluded examination under oath transcripts obtained in the priority dispute from being used in the benefits dispute.
The Divisional Court dismissed the appeal, holding that the tribunal's findings on conflict of interest and the circumvention of procedural protections under section 33 of the Statutory Accident Benefits Schedule were reasonable.
