The applicant insurer sought judicial review of a Director's Delegate decision finding that the respondent's notice requesting arbitration was filed within the 90-day limitation period under the Insurance Act.
The Divisional Court upheld the decision, agreeing that the mediator's report was 'given' when received by the parties, and that delivering the notice to the general reception of the Financial Services Commission satisfied the filing rules.
The application for judicial review was dismissed with costs.
