In The Dominion of Canada General Insurance Company v.
Unifund Assurance Company, 2018 ONCA 303, Dominion gave notice
of a priority dispute to Unifund within the required 90 day period,
but it delivered notice to its insured nearly two years after the
application was received.
At first instance, Arbitrator Novick found that the timing of
the notice given to the insured claimant was inconsequential to the
priority dispute between insurers and permitted Dominion to
arbitrate the priority issues.
Arbitrator Novick's decision was appealed to Justice Faieta.
In his June 2016 decision, Justice Faieta reversed the decision of
Arbitrator Novick and found that "the [90 day] time limits for
notice under section 3 of the Regulation also apply to notice
provided under section 4 of the Regulation [to the claimant]",
which Dominion failed to satisfy. Justice Faieta further found that
"relief from forfeiture in respect of a failure to comply with
the time limits for the delivery
