The applicant, an Alberta resident insured under an Alberta policy, was injured in a motor vehicle accident in Ontario while a passenger in a friend's vehicle.
He applied for statutory accident benefits in Ontario.
The insurer brought a preliminary issue motion arguing that the Financial Services Commission of Ontario lacked jurisdiction.
The arbitrator agreed, finding that the Insurance Act only confers jurisdiction for automobile contracts formed in Ontario or for out-of-province contracts where the insured automobile was operated in Ontario.
Since neither scenario applied, the arbitration was dismissed for lack of jurisdiction.
