Kenneth Michael Arenson

The applicant, a Manitoba resident, was injured in a motor vehicle accident in Ontario while driving a vehicle insured by the Saskatchewan Government Insurance Office (SGIO).

The applicant applied for no-fault benefits under the Ontario Insurance Act, but SGIO refused to pay, arguing it was not liable under Saskatchewan law.

The arbitrator held that SGIO was bound by a Power of Attorney and Undertaking it had signed, which precluded it from setting up a defence that would not be available to an Ontario insurer.

Consequently, SGIO was found liable to pay no-fault benefits to the applicant.

The applicant applied for leave to appeal to the Supreme Court of Canada.

The application for leave to appeal was dismissed by a panel of three judges.