The applicant insurer sought to appeal an arbitration decision regarding priority for paying statutory accident benefits for an extra-provincial motor vehicle accident.
The applicant argued that leave to appeal was not required because the parties had entered into an unwritten arbitration agreement permitting appeals on questions of law or mixed fact and law.
The court found that the parties' conduct and communications evidenced a binding arbitration agreement containing the appeal provision.
Consequently, the applicant was entitled to appeal the arbitrator's decision without leave.
