Can an arbitrator decide questions that arise out of priority disputes?
Ontario, Canada
The following excerpt is from Dominion of Canada General Insurance Company v. Certas Direct Insurance Company, 2009 CanLII 37348 (ON SC):
Counsel for Certas submits that arbitrators have broad authority to decide questions that arise out of priority disputes: Primmum Insurance Company v. ING Insurance Company of Canada, [2007] O.J. No. 413 (Sup. Ct.) at paragraphs 11-12. I accept that submission, subject to the obvious qualification that the questions must be ones that are necessary to resolve the dispute that has been submitted to the arbitrator. The authority cannot be construed as a source of general jurisdiction to resolve a different dispute, or as a basis for doing whatever the arbitrator feels is fair and reasonable.
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