The claimant, an Ontario resident, was catastrophically injured in a motor vehicle accident in Nunavut while driving a Nunavut-plated vehicle insured by the appellant.
The respondent, the claimant's Ontario insurer, paid Ontario statutory accident benefits and sought reimbursement from the appellant under the priority provisions of the Ontario Insurance Act.
The arbitrator and appeal judge ruled in favour of the respondent.
The Court of Appeal allowed the appeal, holding that the appellant was not an 'Ontario insurer' for the purposes of the priority dispute and that the Ontario Insurance Act could not be applied extraterritorially to a Nunavut policy for an accident occurring in Nunavut.
