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ARTICLE · 17 NOVEMBER 2016

Is The Courtroom Door Open Or Closed?

Miller Thomson
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The question on appeal was whether determination of the ‘accident' issue was a preliminary issue which fell outside the section 279 scheme.

CanadaInsurance
Helen Friedman
Helen Friedman
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By way of update to our October 8, 2015 blog featuring Ayr Farmers Mutual v. Wright: "Insurer's Attempt to Short Circuit Dispute Resolution Process Shut Down", the insurer's appeal was dismissed by the Court of Appeal on all grounds October 27, 2016.

As you will recall, Ayr Farmers took the position that Mr. Wright was not involved in an "accident" as defined by the Statutory Accident Benefits Schedule – Effective September 1, 2010, O. Reg. 34/10 (the "Schedule") so as to entitle him to benefits under the Schedule.

Rather than participate in the statutorily prescribed mediation process, Ayr Farmers went directly to court by way of application under Rule 14, seeking a determination of the "accident issue". Mr. Wright objected to this process, arguing that the prescribed dispute resolution process in sections 279 to 283 of the Insurance Act applied to a determination of "accident", including prescribed FSCO Mediation.

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