An insurer appealed a loss transfer arbitration decision that apportioned fault for a snowmobile–automobile collision under the Insurance Act regime.
The arbitrator determined that the Fault Determination Rules did not apply to the circumstances and instead assessed liability using ordinary negligence principles, finding the snowmobile operator primarily responsible and the automobile driver partially responsible.
On appeal, the insurer argued the arbitrator erred in law by concluding the collision fell outside the regulatory fault rules.
The court held that the arbitrator’s determination involved questions of mixed fact and law and was therefore outside the limited right of appeal restricted to questions of law.
Applying a deferential standard of reasonableness, the court found no reviewable error and upheld the arbitration award.
