Those insurers frustrated by the delay in having an “accident” determination adjudicated under the dispute resolution process should take heed of the recent decision of Mr. Justice Sweeny in Ayr Farmers Mutual Insurance Company v. Wright, 2015 ONSC 6219. Mr. Justice Sweeny was asked to address a pre-emptive Application under Rule 14 for a determination of “accident” based on a three line description contained in the OCF-1. The insurer refused to attend or participate in a FSCO mediation and unilaterally attempted to seek adjudication of the “accident” issue outside the parameters of the dispute resolution process.
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