Two Ontario insurers disputed responsiblity for accident benefit coverage. The dispute was submitted to a private arbitrator who applied the Fault Determination Rules of Ontario and determined that the second insurer was responsible to pay the benefits. The arbitrators decision was appealled to the Ontario Superior Court. The Court
Application by the second party Insurer against the first party Insurer for appellate review of a decision of a private arbitrator finding the second party Insurer 100% responsible for the loss sustained by an Insured as a result of a motor vehicle accident. The standard of review applied was one of correctness. The Court determined that the arbitrator was correct in applying Ontario Rule 17(2) in determining that if an accident is caused by an illegally parked vehicle the owner of the vehicle is liable for the accident.
Here is the citation: ING Insurance Co. of Canada v. Farmers’ Mutual Insurance Co. (Lindsay)  O.J. No. 2150. Ontario Superior Court of Justice. P.M. Perell J. May 31, 2007.
Here is a link to the decision.
This case was originally digested by Shanti Davies and edited by David Pilley.