Appeal from an arbitral decision concerning a priority dispute between insurers over statutory accident benefits.
The issue was when the respondent insurer received a “completed application” triggering the 90‑day notice period under s. 3(1) of O. Reg. 283/95 (Disputes Between Insurers).
The arbitrator held that the application became functionally complete when full spousal insurance details were received months later.
The court held that the application became functionally adequate earlier, once the insurer obtained sufficient information to begin reasonable investigations into potential priority insurers.
Because notice was given more than 90 days after that point and the savings provision in s. 3(2) did not apply, the appeal was allowed and the arbitration award set aside.
