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Ontario Court of Appeal restores arbitrator’s decision in insurer dispute

Wednesday, April 04, 2018 @ 12:31 PM | By Amanda Jerome

The Ontario Court of Appeal has allowed an appeal in a dispute between insurers in a decision which emphasizes that the standard of review is reasonableness when a question of law is being determined by an arbitrator within a statutory accident benefits schedule (SABS) context.

In Dominion of Canada General Insurance Company v. Unifund Assurance Company 2018 ONCA 303, the court heard that Jing Hua Fan was injured in an accident at his auto repair shop while test driving a customer’s vehicle in November 2011....