The applicant was injured as a pedestrian in a motor vehicle accident and applied for statutory accident benefits from multiple insurers, including the Motor Vehicle Accident Claims Fund.
A dispute arose regarding which insurer was responsible for paying the benefits and whether Ontario Regulation 283/95 applied.
The arbitrator determined that because the applications for benefits and the dispute arose after March 27, 1995, Ontario Regulation 283/95 applied.
Consequently, the Commission lacked jurisdiction to decide the priority dispute, and the issue of which insurer is required to pay benefits must be resolved through private arbitration under the Arbitration Act, 1991.
