COURT FILE NO.: 07-CV-331710PD2
SUPERIOR COURT OF JUSTICE - ONTARIO
Echelon General Insurance Company v. CGU Insurance Company of Canada
John D. Dean, for the Applicant
Leilah Edroos, Jillian Van Allen, for the Respondent
DATE HEARD: June 3, 2008
E N D O R S E M E N T
 The applicant, Echelon General Insurance Company, is appealing from the decision of
the arbitrator, Guy Jones, dated March 31, 2007. The arbitrator refused to extend the 90-day
period for providing written note disputing the insurer’s obligation to pay benefits.
 On May 11, 2002, Anthony Gibbs Jr. was involved in a cycling accident. He was struck
by a motor vehicle that was ensured by Echelon. Mr. Gibbs Jr. applied to Echelon for accident
benefits and Echelon has been paying him statutory accident benefits.
 Echelon takes the position that CGU is responsible for the payment of benefits to the
claimant on the basis that he was the dependent of his father, Renford Anthony Gibbs Sr., who
was insured by CGU at the time of the accident. However, Echelon did not give CGU notice that
it disputed priority to pay accident benefits until after the expiry of the 90-day notice period.
 Whether Echelon is correct that CGU was responsible for the payment of benefits to the
claimant is not at issue in this appeal. Rather, the issue is whether the arbitrator erred when he
refused to extend the 90-day period for Echelon to give notice to CGU that it was disputing its
obligation to pay.
 Section 3 (1) of Ontario Regulation 283/95 provides that an insurer has 90 days after the
receipt of a completed application for benefits to provide written notice to another insurer that it
disputes its obligation to pay statutory accident benefits. However, section 3 (2) provides that an
insurer may give notice after that period if the 90 days was not a sufficient period of time within
2008 CanLII 27175 (O