The appellant insurer appealed a decision dismissing its application for a preliminary determination of whether the respondent was involved in an 'accident' under the Statutory Accident Benefits Schedule.
The insurer argued this was a coverage issue that had to be determined by a court before the mandatory dispute resolution scheme under s. 279 of the Insurance Act applied.
The Court of Appeal dismissed the appeal, holding that the s. 279 scheme is a comprehensive alternative dispute resolution process that governs all disputes concerning entitlement to statutory accident benefits, including whether a claimant qualifies as an insured person involved in an accident.
