The applicant sought judicial review of an appeal order of the Director's Delegate, arguing that the Delegate erred in relying on obiter comments from the Court of Appeal's decision in Liberty Mutual v. Fernandes regarding an insurer's ability to access the dispute resolution process to challenge a CAT DAC decision.
The Divisional Court dismissed the application, finding that the Court of Appeal's comments in Fernandes were an integral part of its decision and constituted binding authority.
The court concluded that the Director's Delegate's decision was reasonable.
