Deborah G. Neilson

Intact Insurance appealed an arbitrator's decision dismissing its priority dispute against Federated Insurance regarding accident benefits for a claimant injured in a motor vehicle accident.

The arbitrator found that Intact failed to provide notice of the dispute to Federated within the 90-day period required by s. 3(1) of O. Reg. 283/95, and did not meet the test for relief under s. 3(2).

The Superior Court of Justice upheld the arbitrator's decision, finding no error in the determination that Intact had received a completed application by June 7, 2010, had sufficient time to identify Federated, and failed to conduct reasonable investigations within the 90-day period.

The appeal was dismissed.

The appellant insurance company appealed a summary judgment decision.

The motion judge found no genuine issue for trial regarding the negligence of anyone other than an unidentified driver, noting the appellant's affidavit lacked a statement of belief in its truth, while the respondents' affidavits unambiguously blamed the unidentified driver.

The Court of Appeal found no error in the motion judge's conclusion and dismissed the appeal.