In Echelon General Insurance Company v. Unifund Assurance, 2025 ONCA 324, the court clarified previously conflicting arbitration and Superior Court decisions in the realm of priority disputes.
The panel found that the Regulation 283/95 does not provide for the recovery of first party claim expenses (absent deflection, as noted in an amendment). The wording of the Regulation provides a juridical reason for any unjust enrichment to the insurer that ultimately has priority. Whether expenses can be recovered in “exceptional circumstances” was left for another day.
2025 ONCA 324 (CanLII) | Echelon General Insurance Company v. Unifund Assurance | CanLII