The applicant insurer sought judicial review of a FSCO Director's Delegate's decision upholding an arbitrator's award of non-earner benefits to the respondent, who was struck by a bus.
The insurer argued the arbitrator failed to apply the 'continuously prevents' aspect of the test for non-earner benefits.
The Divisional Court dismissed the application, finding that the Director's Delegate reasonably concluded the arbitrator had addressed the test in light of the evidence and the specific arguments raised by the parties at the arbitration.
