The applicant insurer sought judicial review of a Director's Delegate decision which upheld an arbitrator's finding that the Motor Vehicle Accident Claims Fund was not required to pay statutory accident benefits.
The arbitrator found no nexus between the claimant and the Fund, concluding the claimant's choice to apply to the Fund was arbitrary.
Applying a reasonableness standard of review, the Divisional Court upheld the decision, noting the claimant provided no rational basis for applying to the Fund.
The application for judicial review was dismissed.
