Priority disputes are governed by Ontario Regulation 283/95 – Disputes Between Insurers (hereinafter “Regulation”). The Regulation was established in 1995 to ensure payment of Statutory Accident Benefits to injured persons while any disputes were resolved.

Prior to the enactment of the Regulation, there was no obligation on Insurers to pay benefits to a Claimant in circumstances where entitlement was disputed. Instead, where an Insurer denied entitlement, the Applicant was forced to proceed to Arbitration and argue that the Insurer had to pay. Until they were successful, the Insurer did not have to pay Statutory Accident Benefits.

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