Court of Appeal for Ontario

Citation: Northbridge General Insurance Corporation v. Jevco Insurance Company, 2025 ONCA 74

Date: 2025-01-29

Docket: COA-24-CV-0771

Before: Fairburn A.C.J.O., Copeland and Monahan JJ.A.

Between:

Northbridge General Insurance Corporation Appellant (Appellant)

and

Jevco Insurance Company* and The Motor Vehicle Accident Claims Fund Respondents (Respondent*)

Counsel:

Linda M. Kiley, for the appellant

Andrea R. Lim, for the respondent

Heard and released orally: January 28, 2025

On appeal from the order of Justice Paul M. Perell of the Superior Court of Justice, dated March 14, 2024, with reasons reported at 2024 ONSC 1520.

Reasons for Decision

[1] This is an appeal from the judgment of Perell J., dismissing an appeal from an arbitrator’s decision determining an insurance priority dispute. The appellant raises numerous issues with Perell J.’s decision, including whether, in the circumstances of this case, he erred in finding that the arbitrator owed no deference to the Licence Appeal Tribunal, and whether he erred in deciding that the arbitrator made no error in reaching his conclusion that the truck insured by the appellant was involved in an “accident”.

[2] We see no error in the reasons for judgement and are in substantial agreement with those reasons.

[3] The appeal is dismissed. Costs in the amount of $15,000 will be paid to the respondent.

“Fairburn A.C.J.O.”

“J. Copeland J.A.”

“P.J. Monahan J.A.”